Cowdin v. Stanton
New York Supreme Court
This was an action of debt on a replevin bond, tried at the Albany circuit in March, 1831, before the Hon. James Van-derpoel, one of the circuit judges.
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This was an action of debt on a replevin bond, tried at the Albany circuit in March, 1831, before the Hon. James Van-derpoel, one of the circuit judges. The plaintiff in his declaration states, that on the 1st June, 1830, at, &c. he was possessed of certain steamboat furniture, and that the Steam Navigation Company, by their agent, intending to obtain possession of the same, did, on the day and year aforesaid, sue out a writ of replevin, and deliver it to the sheriff of Albany to be executed; and on the day and year, and at the place last aforesaid, Stanton, (the defendant in this suit,) on…
1Opinion of the Court
*122 By the Court,
Savage, Ch. J.
It is contended by the de-fe'ráant’s counsel that the plaintiff was not entitled to recover, because he did not show a writ of retorno hábendo returned unsatisfied in whole or in part. The revised statutes provide 2 R. S. 533, § 64 that if any writ of return, or other execution in favor of the defendant, shall be returned unsatisfied in whole or in part, an action may be brought upon the bond to recover the value of the property replevied, and the damages and costs. It has been held, in Cowdin v. Pease, 10 Wendell, 333, in an action on this same bond, that the suit…
2Cases cited1 opinion
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