Christiansen v. Mendham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis B. Mendham, from an order of the Appellate Term of the Supreme Court, bearing date the 30tli •day of June, 1899, and entered in the office of the clerk of the •county of New York, affirming a judgment of the General Term ■of the City Court of New York, which affirmed a judgment of the Trial Term of the City Court of New York. The action was brought to recover upon an undertaking given in an action in replevin by the plaintiff therein.
1Opinion of the Court
O’Brien, J.:
The present action is against sureties on an undertaking given in replevin. It appears that Ada McCobb began an action in replevin to recover possession of a seal skin sacque, alleging it to be her property. The complaint was dismissed and the judgment was against, the plaintiff for eighty-eight dollars, being the amount for work claimed to have been done in repairing the sacque, and for a return ■of the sacque to the defendant with the right to retain possession thereof until the sum ivas paid.
Thereafter a motion was made in the Special Term of the City Court to vacate and set…
2Cases cited2 opinions
- Harrison v. . ClarkNew York Court of Appeals · 1882
- McCobb v. ChristiansenAppellate Terms of the Supreme Court of New York · 1899
3Cited by2 opinions
- Levy v. HohweisnerAppellate Division of the Supreme Court of the State of New York · 1905
- Van Almkerk v. H. C. S. Motor Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1924