Rosen Film Delivery System, Inc. v. Saraceno

The question to be determined is whether the defendant in replevin, though he did not file any pleading or make any contest, can recover in a suit upon the bond for breach of the bond’s condition that the plaintiff will prosecute the replevin suit to effect, when the replevin suit is discontinued on the call of the docket.

The finding may be summarized as follows: On October 10, 1942, the plaintiff brought suit against the Astor Theatre Company and attached certain goods as belonging to the latter. This suit resulted in a judgment for the plaintiff on June 28, 1946, for $720. The attached…