Bildersee v. Aden
New York Supreme Court
Appeal from a judgment. Barnet Bildersee and others sued Joseph Aden and others, in the supreme court, on an undertaking which had been given by the defendants under section 341 of the Code, to procure the release of goods levied on under an attachment issued as a provisional remedy under the Code of Procedure, against the property of one Mrs. Boxius, in a former suit.
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Appeal from a judgment. Barnet Bildersee and others sued Joseph Aden and others, in the supreme court, on an undertaking which had been given by the defendants under section 341 of the Code, to procure the release of goods levied on under an attachment issued as a provisional remedy under the Code of Procedure, against the property of one Mrs. Boxius, in a former suit. This attachment had, subsequent to the giving of the undertaking, been vacated by Mrs. Boxius, on counter affidavits. Judgment, however, was obtained against her, and this suit brought on the bond. A decision on demurrer to the…
1Opinion of the Court
By the Courtt.—Ingraham, J.
The learned judge before whom this case was tried was in error in holding that any consideration was necessary to uphold an undertaking given on a release of an attachment. The release of the property levied on was a sufficient consideration, if any was necessary; but where the attachment is issued, and an undertaking is given to discharge, under the provisions of the statute, no consideration is necessary either to be inserted thereon or to be proven on the trial. The statute (Code, §§ 240, 241) provides that on application to discharge the attachment, the…
2Cases cited3 opinions
- Cadwell v. ColgateNew York Supreme Court · 1849
- Doolittle v. . DininnyNew York Court of Appeals · 1865
- Johnson v. AckersonNew York Court of Common Pleas · 1870