Wheeler v. Fidelity & Deposit Co.

The plaintiff has brought an action to recover upon bonds given upon successive appeals to the Appellate Division and the Court of Appeals from a judgment in favor of this plaintiff awarding to her the possession of certain chattels or if portion thereof could not be obtained that the said plaintiff be paid the sum of $12,500, the value thereof. The answer contains two separate defenses which contain essentially similar allegations to the effect that the party against whom judgment was entered had tendered to the plaintiff the articles adjudged to belong to her with the exception of certain…