Tibbles v. O'Connor
New York Supreme Court
APPEAL from a judgment rendered at the circuit, upon a trial by the court without a. jury. Martin Lynch sued Tibbies & Miller, claiming the delivery to him of a horse which was in their possession. To entitle Lynch to the immediate delivery of the property, the defendant, O’Connor, executed an undertaking pursuant to, and in accordance with, the provisions of section 209 of the code.
Read the full summary
APPEAL from a judgment rendered at the circuit, upon a trial by the court without a. jury. Martin Lynch sued Tibbies & Miller, claiming the delivery to him of a horse which was in their possession. To entitle Lynch to the immediate delivery of the property, the defendant, O’Connor, executed an undertaking pursuant to, and in accordance with, the provisions of section 209 of the code. The horse was then taken by the sheriff; and thereupon the above plaintiffs, Tibbies & Miller, gave an undertaking, under section 211 of the code, and the sheriff redelivered the horse to them. The action…
1Opinion of the Court
By the Court, Welles, J.
This is a clear case for the plaintiffs. The undertaking of the defendant provided, among other things, for the payment to the plaintiffs in this action of such sum as might for any cause be recovered against the plaintiff in that action. The 209th section of the code required that the undertaking should contain that provision. These plaintiffs have recovered these two sums in that action. They are clearly within the undertaking and the statute. It seems to me that there is no ground for the objections of the defendant.
The judgment must, therefore, be affirmed.
2Cited by10 opinions
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Pollard v. . SlaughterSupreme Court of North Carolina · 1885
- Carlon v. DixonOregon Supreme Court · 1886
- Letson v. DodgeNew York Supreme Court · 1871
- Kellar v. CarrIndiana Supreme Court · 1889
5 more not listed; retrieve them via the Exa API.