Bildersee v. Aden
New York Supreme Court
APPEAL, by the plaintiff) from a judgment entered at a special term, dismissing the complaint. In an action brought in the Supreme Court, by the present plaintiffs, against one Mrs. Boxius, they obtained a warrant of attachment, and the sheriff', thereunder, attached the property of Mrs. Boxius. A few days thereafter an undertaking, under section 241 of the Code, executed by the present defendants, was given, approved and filed, and the property released.
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APPEAL, by the plaintiff) from a judgment entered at a special term, dismissing the complaint. In an action brought in the Supreme Court, by the present plaintiffs, against one Mrs. Boxius, they obtained a warrant of attachment, and the sheriff', thereunder, attached the property of Mrs. Boxius. A few days thereafter an undertaking, under section 241 of the Code, executed by the present defendants, was given, approved and filed, and the property released. Subsequently, Mrs. Boxius, upon counter affidavits, made a motion to vacate the attachment, which motion was granted. The undertaking…
1Opinion of the Court
By the Court,
Ingraham, P. J.
The learned judge before whom this action was tried, was in error in holding that any consideration was necessary to uphold an undertaking given on a release of an attachment. The release of the property levied on was a sufficient consideration, if any was necessary; but where the attachment is issued and an undertaking is given "to discharge under the provisions of the statute, no consideration is necessary either to be inserted therein, or to be proven on the trial. The statute (Code, §§ 240, 241,) provides that on application to discharge the attachment the…
2Cases cited6 opinions
- Haggart v. . MorganNew York Court of Appeals · 1851
- Cadwell v. ColgateNew York Supreme Court · 1849
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Doolittle v. . DininnyNew York Court of Appeals · 1865
- Coleman v. BeanNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ferguson v. GlidewellSupreme Court of Arkansas · 1886
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- Youngman v. Fidelity & Deposit Co.New York Supreme Court · 1914
- Galinger v. EngelhardtNew York Supreme Court · 1899
- Farley v. . SchernoNew York Court of Appeals · 1913