Gein v. Little

Action on an undertaking tried by the court without a jury. The suit is brought to recover a money judg*423ment upon the undertaking given to perfect the appeal to the Court of Appeals by the plaintiff in the action of Macgowan v. Gein, 13 N. Y. St. Repr. 421; affd. in the Court of Appeals, 122 N. Y. 643. The plaintiff claims to be the owner of the “ cash notes ” hereinafter referred to, and the defendants are the sureties upon the undertaking. The Special Term judgment, affirmed in both appellate courts, reformed a chattel mortgage given to secure certain promissory notes, and also reformed the…