Wright Steam Engine Works v. New York Kerosene Oil Engine Co.

This is an action of replevin. The sheriff took possession of the property and the plaintiff having given the usual undertaking, the sheriff has delivered the property to the plaintiff, who now has it. A third party made a claim to the property, under section 1709 of the Code of Civil Procedure, while the same was in the possession of the sheriff. The plaintiff gave to the sheriff the usual undertaking and retains possession of the property. I do not think that Pelham Hod Elevating Co. v. Baggaley, 12 N. Y. Supp. 218, is an authority for the' denial of this motion. In that case no claim was…