Vella v. United States Fidelity & Guaranty Co.

This appeal tests the sufficiency of the complaint in an action upon a statutory bond given under section 82 of the Justice Court Act.

Prior to the instant case the plaintiff, as assignee of his wife, had brought suit in the City Court of Rochester to recover certain past due rentals. In the course of that action plaintiff caused a warrant of attachment to be issued against an automobile which he claimed to be the property of the delinquent tenants. At that point C. I. T. *340Corporation, a third party, claimed title to the automobile so attached and the right to its possession. Thereafter the…