Wisconsin Marine & Fire Insurance Co. Bank v. Hobbs
New York Supreme Court
Statement of facts by appellant: The plaintiffs are a foreign corporation, created under and by virtue of the laws of the state of Wisconsin. This was an action of replevin, commenced on the 15th day of January, 1861, to recover possession of six hundred barrels of flour, which the plaintiffs claimed by virtue of a special property therein.
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Statement of facts by appellant: The plaintiffs are a foreign corporation, created under and by virtue of the laws of the state of Wisconsin. This was an action of replevin, commenced on the 15th day of January, 1861, to recover possession of six hundred barrels of flour, which the plaintiffs claimed by virtue of a special property therein. The plaintiffs filed no security for costs before the commencement of the action, but delivered to the sheriff at the time he took the flour from the defendant’s possession, an undertaking pursuant to section 209 of the Code. They also delivered to the…
1Opinion of the Court
Leonard, Justice.
I. The undertaking given on the commencement of the action contains a provision which covers any judgment for costs which the defendant may obtain, and substantially complies with the statute in relation to the bond for costs in actions by foreign corporations.
II. The sheriff certifies that he did serve a copy of the requisition for the property on the defendant, and there is no evidence to show that he did not do so.
III. The plaintiff is not at liberty to deny, in an action on his undertaking to obtain the delivery of property, that he made the affidavit which is therein…
2Cited by3 opinions
- John Church Co. v. DorseyNew York Supreme Court · 1902
- Brenker v. DlattCity of New York Municipal Court · 1909
- Vulcanite Portland Cement Co. v. WilliamsCity of New York Municipal Court · 1905