Clark v. Hooper
New York Supreme Court
Appeal from circuit court, Essex county. Action by George D. Clark against William Hooper, as executor of the last will and testament of John Woodward, deceased, to recover the penalty provided by section 2928, Code Civil Proc., for the wrongful delivery of personal property in an action in replevin. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtPutnam, J.
This action was brought under the provisions of section 2928, Civil Code. Defendant’s testator was a constable *448•of Ticonderoga, Essex county, and, as such, on November 6, 1886, replevied a colt from the plaintiff by virtue of a summons, affidavit, undertaking, and requisition in an action in justice’s court. The summons was returnable on November 13th. On the 12th of November, plaintiff filed with the justice a notice that he required a return of the chattel replevied; also an affidavit that he was the owner of 'the same; and an undertaking for $400, with two sureties, duly acknowledged. No…
2Cited by2 opinions
- Bell v. MoranAppellate Division of the Supreme Court of the State of New York · 1898
- Rich v. ConleyNew York Supreme Court · 1899