Shaw v. . Tobias
New York Court of Appeals
On appeal from the superior court of the city of New-York, where Shaw and others, as assignees of Brown, late coroner of the city of New-York, sued Tobias upon a bond given on the commencement of an action of replevin. The questions arose upon the declaration, which set forth a bond executed by the defendant in the penalty of $1283, with a condition framed according to the statute in such cases.
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On appeal from the superior court of the city of New-York, where Shaw and others, as assignees of Brown, late coroner of the city of New-York, sued Tobias upon a bond given on the commencement of an action of replevin. The questions arose upon the declaration, which set forth a bond executed by the defendant in the penalty of $1283, with a condition framed according to the statute in such cases. It then averred that the defendants in that suit (the present plaintiffs) recovered judgment for the sum of $1378,98 damages and costs; that execution was issued and returned unsatisfied; and that…
1Opinion of the CourtRuggles, J.
This was an action of debt on a replevin bond executed by the defendant Tobias to one of the coroners of the city of New-York, dated 14th September, 1837, in the penalty of $1283, conditioned for the prosecution with effect and without delay of a replevin suit which Georgiany Mahoney and George Trull had commenced in the New-York common pleas against the plaintiffs in this suit, for taking and detaining certain goods, and for the return of the property replevied if return should be adjudged, and for the payment to the defendants in the replevin suit (who are the plaintiffs here,) of all such…
2Cases cited3 opinions
- Lipe v. BeckerCourt for the Trial of Impeachments and Correction of Errors · 1845
- Beekman v. TraverNew York Supreme Court · 1838
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- Shattuck v. . Guardian Trust Co.New York Court of Appeals · 1912
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- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1893
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