Miller v. Ferry
New York Supreme Court
Appeal from special term, New York county; Abraham R. Lawrence, Justice. This was an action by John S. Miller, Henry W. Leman, and Benjamin P. Chase against Charles H. Perry, to recover damages for the failure of defendant to deliver certain shares of mining stocks. This appeal is from an order denying defendant’s application to have plaintiffs’ undertaking in attachment-increased.
1Opinion of the CourtDaniels, J.
The attachment was served upon shares of mining stock owned' by the defendant in the Small Hopes Consolidated Mining Company., This service was made by delivering a certified copy of the attachment at the office-of the company, stating-the shares intended to be levied upon. After that, and during the pendency of the suit, the shares depreciated very largely in their market price and value; and it was on this account that the defendant claimed to be entitled to an undertaking in a sufficient sum to include this decrease in value. But the decrease in the value of the shares did not result from…
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