Freeman v. United States Fidelity & Guaranty Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of Rew York sustaining the plaintiff’s demurrer to three separate defenses in the defendant’s answer.
1Opinion of the CourtFreedman, P. J.
This action was brought against the defendant as surety on a replevin bond given by the Commonwealth Roofing Co., in an action of replevin brought by it against the present plaintiff, who, after the property had been taken under the requisition in replevin, interposed an answer. More than a month after issue had been joined, *366the court, on application of the Commonwealth Roofing Co., granted an order discontinuing the action on payment of costs. He then commenced this action against the present defendant as surety on the replevin bond on account of the nonreturn of the replevied chattels.
The…
2Cases cited9 opinions
- Yates v. Fassett & WhitlockNew York Supreme Court · 1847
- Angel v. . HollisterNew York Court of Appeals · 1868
- Ernst Bros. v. HogueSupreme Court of Alabama · 1888
- Brady v. BeadlestonNew York Supreme Court · 1891
- Bown v. WeppnerNew York Supreme Court · 1892
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3Cited by2 opinions
- O. B. Brush Corp. v. Weiner Bookbinding Co.City of New York Municipal Court · 1922
- Unger v. Hoak, Pennsylvania Court of Common Pleas, Cumberland County1941