Rogers v. United States Fidelity & Guarantee Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Morris Rogers against the United States Fidelity & Guarantee Company. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtFreedman, P. J.
There is no material dispute as to the facts in this case. In October, 1901, one Hawkhurst caused a summons and requisition in an action in replevin to be issued out of the Municipal Court against the firm of Berrent & Movoswirtz. The plaintiff in that action gave an undertaking executed by the defendant in this action in the usual form, conditioned, first, for the prosecution of the action"; second, for a return to the defendant of the said property, or so much thereof as shall be taken by virtue of said requisition thereupon indorsed, if a return thereof shall be adjudged; third, for a…
2Cases cited7 opinions
- Hangen v. . HachemeisterNew York Court of Appeals · 1889
- Morris v. . MorangeNew York Court of Appeals · 1868
- Hawver v. . BellNew York Court of Appeals · 1894
- Welling v. Ivoroyd Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Bini v. SmithAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by2 opinions
- Budracco v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1920
- Freeman v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1904