Klivan v. Margolis

The opinion of the court was delivered by

Brogan, Chief Justice.

This is an appeal from a judgment of the Supreme Court. The question is whether appellant, Margolis, a surety on a replevin bond, is liable to the respondent, Klivan, under the circumstances here exhibited. It appears from the record and the facts stipulated that Jack Klivan, a judgment creditor of Morris Jacobwitz, caused execution to be issued against a certain automobile truck of the latter. Thereafter one Ida Schwartz, claiming property in and title to the chattel, began an action in replevin against the judgment creditor,…