Boessneck v. Bab
New York Supreme Court
Motion of National Surety Company for leave to come in and defend an action of replevin in which it had become surety for the defendant upon his undertaking, given to reclaim chattels which had been replevied by the plaintiffs.
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Motion of National Surety Company for leave to come in and defend an action of replevin in which it had become surety for the defendant upon his undertaking, given to reclaim chattels which had been replevied by the plaintiffs. The affidavits upon which the motion was made alleged the insolvency of the defendant, that it would not, according to its own statements, proceed with the defense of the action, that the goods in question were not the goods of the plaintiffs, and had been seized under a second writ by another party.
1Opinion of the CourtTruax, J.
It was held by the General Term of this court in this department in Jewett v. Crane, 35 Barb. 208, that sureties upon an undertaking executed by the defendants on an attachment in order to procure the discharge of the attachment may be allowed for their own protection to defend an .action brought against their principal. That case was followed in Hoffman v. Steineau, 34 Hun, 239, in which case an application was made by a surety upon an undertaking in replevin for leave to prosecute ■ the action brought by his principal after the latter had abandoned' it. It was held in this last case that a…
2Cases cited1 opinion
- Jewett v. CraneNew York Supreme Court · 1861
3Cited by1 opinion
- Aparicio v. New England Equitable InsuranceAppellate Division of the Supreme Court of the State of New York · 1917