Dendy v. Russell

The opinion of the court was delivered by

Mason, J.:

Dendy & Peck bought certain cattle of Paul Russell, who warranted the title. The First National Bank of Cobleskill, New York, claimed the cattle under a mortgage and brought replevin for them against Dendy & Peck in the district court of Reno county, getting possession under an order of delivery. Dendy & Peck notified Russell of the action and defended against it. The bank recovered judgment. Thereupon Dendy & Peck brought the present action against Russell upon his warranty. Russell bases his defense upon a contract which he alleges' was…