Legal Opinion

Harrison v. Utley

New York Supreme Court

Decided January 15, 1876Published

Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the court, without a jury. The action was brought upon an undertaking, in an action of replevin, brought by the Rochester Water-works Company against the plaintiff and his late partner.

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Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the court, without a jury. The action was brought upon an undertaking, in an action of replevin, brought by the Rochester Water-works Company against the plaintiff and his late partner. By this undertaking the defendants agreed that the Rochester Water-works Company, the plaintiff in that action, would return the property involved in that action, 90,000 pounds of cast-iron water pipe, if a return should be adjudged, and pay to the defendants in that action such sum as might, for any cause, be recovered…

1Opinion of the Court

Gilbert, J.:

No consideration is necessary to support an undertaking given upon a claim for the delivery of personal property pursuant to the *567Code besides the claim itself. That is sufficient to uphold the validity of the undertaking. (Bildersee v. Adin, 12 Abb. Pr. [N. S.], 324, and cases cited.) Nor is it necessary that the undertaking should express a consideration. (Oases, supra / Laws of 1863, chap. 464.) In all cases the undertaking must accompany the claim, and it becomes an effectual instrument before there has been a delivery of the property. In this case the property in dispute…

2Cases cited1 opinion

  1. Coleman v. BeanNew York Court of Appeals · 1866

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