Cohen v. Fidelity & Deposit Co.

Pursuant to the stipulation made in open court by the parties hereto, this action was tried before me without a jury and the questions of fact and of law were reserved for the court.

The plaintiff sues to recover the sum of $1,015.75 upon an undertaking under seal executed by the defendant to discharge a warrant of seizure in an action in the Supreme Court, New York county, to foreclose the lien on the chattels covered by said warrant, in which action this plaintiff was plaintiff and one Arthur T. Horton was the defendant. The defense is that no levy on the property covered by the warrant was…