Legal Opinion

Post & McCord, Inc. v. New York Municipal Railway Corp.

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1919PublishedCited by 5 opinions

Appeal by the defendant, New York Municipal Railway Corporation, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of July, 1918, upon the verdict of a jury rendered by direction of the court.

1Opinion of the Court

Laughlin, J.:

At the commencement of the trial the parties, by stipulation, waived the presence of a jury and agreed that the court, *168at the close of the evidence, might direct a verdict. Questions of law only are presented on the appeal.

This is an action in replevin to recover certain bonds, together with damages for the retention thereof, which were deposited by the plaintiff with the defendant, in lieu of.a bond, for the faithful performance by the plaintiff of all covenants, conditions and requirements specified and provided for in a contract, in writing, made by the parties, on the 18th of…

2Cases cited2 opinions

  1. Long Island Railroad v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1916
  2. The Long Island Rd. Co. v. . Am. Bridge Co. of New YorkNew York Court of Appeals · 1919

3Cited by5 opinions

  1. Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
  2. Alabama Great Southern Railroad v. Louisville & Nashville RailroadDistrict Court, N.D. Alabama · 1955
  3. Salamy v. New York Central SystemAppellate Division of the Supreme Court of the State of New York · 1955
  4. Cavanaugh v. C. P. Boland Co.New York Supreme Court · 1933
  5. Jones v. City of New YorkCity of New York Municipal Court · 1961

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