Tiffany v. . Lord
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought for the alleged unlawful taking and conversion of a canal boat belonging to plaintiff. The boat was seized in the city of New York by virtue of an attachment, in favor of defendant against plaintiff, issued out of the Marine Court of that city.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought for the alleged unlawful taking and conversion of a canal boat belonging to plaintiff. The boat was seized in the city of New York by virtue of an attachment, in favor of defendant against plaintiff, issued out of the Marine Court of that city. For the purposes of the attachment the plaintiff therein (the defendant here) gave an instrument in the form of the statutory bond, but without a seal. The defendant…
1Opinion of the Court
Gray, C.
The proof that the property was taken from the possession of the plaintiff was sufficient evidence of his title to it at the time it was taken. The question is, whether it was taken with or without legal authority depends upon the validity of the attachment under which it was seized; and in order to its validity a bond, and such an one as is required by statute, was necessary to confer jurisdiction to issue it. In this case the paper signed by the applicant and surety was without a seal, and very properly held by the court whose judgment is being considered as “ not a bond at all.”…
2Cases cited3 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lyon v. YatesNew York Supreme Court · 1868
3Cited by15 opinions
- Wallingford v. . KaiserNew York Court of Appeals · 1908
- Marquis v. IrelandSupreme Court of Kansas · 1912
- Dixon v. CarrucciAppellate Terms of the Supreme Court of New York · 1906
- Fleischmann v. SamuelAppellate Division of the Supreme Court of the State of New York · 1897
- T. W. Warner Co. v. AndrewsCourt of Appeals for the Second Circuit · 1934
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