Clemmons v. Gordon
City of New York Municipal Court
Appeal from an order, granting the plaintiff leave to serve a supplemental complaint. The action was brought against the defendants as sureties on an undertaking to reclaim chattels, and was brought subsequent to the rendering of judgment against the defendants in the original replevin action, and" subsequently to the return of execution, unsatisfied, against the defendants.
1Opinion of the CourtConlan, J.
Judgment was entered in the original action, on February 20, 1901. On March sixteenth following an appeal was taken to the General Term of this court; on April twenty-fifth this action was commenced. The record therefore discloses that at the time of the commencement of this action, the defendants in the former action had appealed from the judgment, and that appeal was still undetermined. In the case of Corn Exchange Bank v. Blye, 102 N. Y. 305, where the question was similar to the one presented on this appeal, the court says: “ The condition of the undertaking did not become fixed and…
2Cases cited1 opinion
- Corn Exchange Bank v. BlyeNew York Court of Appeals · 1886