Cook v. . Freudenthal
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury, and granting a new trial. (Reported below, 14 Huii, 542.) This action was upon an undertaking given by defendant Horwitz as principal, and the other defendants as sureties. The nature of the undertaking and the material facts appear in the opinion.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury, and granting a new trial. (Reported below, 14 Huii, 542.) This action was upon an undertaking given by defendant Horwitz as principal, and the other defendants as sureties. The nature of the undertaking and the material facts appear in the opinion. The undertaking in suit substantially complied with the statute providing for bail on arrest in replevin cases. (Code of Procedure, §§ 187, 211;…
1Opinion of the CourtAndrews, J.
The plaintiffs commenced an action in the Supreme Court against one Horwitz for the claim and delivery of personal property, in which he was arrested upon an order of arrest issued pursuant to sub. 3, § 179, of the Code of Procedure. He was entitled to his discharge, upon giving to the sheriff an undertaking, executed by two or more sufficient sureties, to the effect, that “ they are bound in double the value of the property as stated in the affidavit of the plaintiffs for the delivery thereof to the plaintiffs, if such delivery be adjudged, and for the payment to them of such sum as may for…
2Cases cited5 opinions
- Richardson v. . CrandallNew York Court of Appeals · 1872
- Gallarati v. . OrserNew York Court of Appeals · 1863
- Armstrong v. GarrowNew York Supreme Court · 1826
- Barnard v. VieleNew York Supreme Court · 1839
- McKenzie v. . SmithNew York Court of Appeals · 1871
3Cited by16 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Larson v. HansonNorth Dakota Supreme Court · 1911
- Gebhardt v. HolmesWisconsin Supreme Court · 1912
- Dickson v. BickershoffAppellate Terms of the Supreme Court of New York · 1905
- Haberstro v. . BedfordNew York Court of Appeals · 1890
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