Gallarati v. . Orser
New York Court of Appeals
Appeal from the Superior Court of the city of Hew York. Action by the assignee of one De Lachapelle. The latter had brought replevin against one Thompson, for certain personal property. The sheriff made return that the property had been concealed or removed, and an order was made for the arrest of Thompson, under subdivision 3, section 179 of the Code.
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Appeal from the Superior Court of the city of Hew York. Action by the assignee of one De Lachapelle. The latter had brought replevin against one Thompson, for certain personal property. The sheriff made return that the property had been concealed or removed, and an order was made for the arrest of Thompson, under subdivision 3, section 179 of the Code. The sheriff took a bond of Thompson and his sureties, in the form prescribed by sections 187, 211. The sureties being excepted to, failed to justify. Judgment was rendered against Thompson, not for a return of the property, and for its value if…
1DissentRosekeans, J.
I concur fully in the views expressed by Mr. Justice Bosworth, in his opinion delivered in the court bélow, and think that the judgment should be affirmed, for the reasons stated by him. It is only necessary to add, that this court, in the cases of Ingersoll v. Bostwick (22 N. Y., 425), and Johnson v. Carnley (6 Seld., 570), held that the taking of judgment absolutely for the value of the property in an action of claim and delivery of-personal property, instead of taking such judgment upon the condition that delivery of the property cannot be had, is a mere irregularity, and, not a ground of…
2Cases cited2 opinions
- Ingersoll v. . BostwickNew York Court of Appeals · 1860
- Gillespie v. WhiteNew York Supreme Court · 1819