McLaughlin v. McLaughlin

Martin, J. (dissenting).

The plaintiff in this replevin action seeks to recover possession of 400 bonds, valued at $400,000, which he claims are his property. On May 25, 1932, the writ of replevin, summons and complaint, and a bond for $800,000 furnished by the plaintiff were served by the sheriff of New York county on the defendant Guaranty Safe Deposit Company of New York. On the following day the sheriff served copies of the same papers and the undertaking on the defendant Edward F. McLaughlin.

Pursuant to the writ of replevin the sheriff seized the bonds described in the affidavit of the…