Plymouth Garage, Inc. v. Shanly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James B. Shanly and another, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 28th day of April, 1915, striking out certain parts of their answer as irrelevant and redundant.
1Per curiam
This action is brought against the defendants as sureties upon an undertaking given in an action of replevin in the Municipal Court of the City of Rochester to recover possession of an automobile. In that action the Shafer-Decker Company *62was plaintiff, and the Plymouth Garage, Inc. (plaintiff here) and Joseph A. Gravell and Elmer E. Wyckoff were defendants.
The condition of the undertaking is “for the prosecution of the * * * action; for the return of said chattels to the above-named defendants, if possession thereof is adjudged to them, or if the action abates or is discontinued before the…
2Cases cited3 opinions
- Hagerty v. . AndrewsNew York Court of Appeals · 1883
- Tierney v. Helvetia-Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Arnold v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1909