Robertson v. Davidson
Supreme Court of Minnesota
This action was commenced in the district court for Ramsey county, upon an undertaking executed by the defendants to the plaintiff in an action for the recovery oí certain personal property, commenced by the La Crosse and Minnesota Steam Packet Company against the plaintiff.
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This action was commenced in the district court for Ramsey county, upon an undertaking executed by the defendants to the plaintiff in an action for the recovery oí certain personal property, commenced by the La Crosse and Minnesota Steam Packet Company against the plaintiff. The defendants bound themselves in the undertaking “ for the prosecution of the said action, for a return of the said property to the defendant (plaintiff in this action) if return thereof be adjudged, and for the payment to him of said sum as may, for any canse, be recovered against the plaintiff.'” The complaint alleged…
1Opinion of the Court
By the Court
McMillaw, J.
The condition of the undertaking upon which this suit is brought is “ for the prosecution of the said action, for a return of .the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against the plaintiff.”
The undertaking is not collateral in its nature, but is in effect an affirmative obligation on the part of the signers of *556it, to return the property to the defendant in the replevin action, upon a judgment to that effect, and to pay him such sum as may for any cause be recovered against…
2Cases cited5 opinions
- In re NegusNew York Supreme Court · 1832
- Tierney v. DodgeSupreme Court of Minnesota · 1864
- Cook v. DickersonThe Superior Court of New York City · 1853
- Clark v. ClarkNew York Court of Chancery · 1839
- Cowdin v. StantonNew York Supreme Court · 1834
3Cited by8 opinions
- Central Union Telephone Co. v. State ex rel. Board of CommissionersIndiana Supreme Court · 1887
- State ex rel. Busch v. DillonSupreme Court of Missouri · 1888
- Hawkins v. StateIndiana Supreme Court · 1890
- Thalheim v. Camp Phosphate Co.Supreme Court of Florida · 1904
- Briggs v. SheaSupreme Court of Minnesota · 1892
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