Legal Opinion

Graham v. Wells

New York Supreme Court

Decided November 2, 1857PublishedCited by 2 opinions

Motion to stay proceedings, &c. On the "13th of October, 1857, this action was commenced to recover the possession of a store of goods, which the defendant had taken by virtue of attachments against one Thomas Canavan. On the same day, the coroner, to whom process for that purpose had been delivered, took possession of the property, and still retains the same. The value of the property was $22,100, according to the plaintiff’s affidavit.

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Motion to stay proceedings, &c. On the "13th of October, 1857, this action was commenced to recover the possession of a store of goods, which the defendant had taken by virtue of attachments against one Thomas Canavan. On the same day, the coroner, to whom process for that purpose had been delivered, took possession of the property, and still retains the same. The value of the property was $22,100, according to the plaintiff’s affidavit. On the 16th of October, the defendant delivered to the coroner an undertaking executed by several sureties, and in all respects conformable to the…

1Opinion of the Court

Harris, Justice.

Hpon the commencement of an action for the recovery of personal property, the defendant has the right to elect whether the plaintiff or himself shall hold the property, pendente lite. Three days are allowed him, within which he may make this election. If he do not elect to hold the property himself, he may take measures to see that the security given by the plaintiff for a return of the property, in case a return should be adjudged, is sufficient. For that purpose, he may, within the three days, except to the sufficiency of the sureties. Such exception is, of itself, evidence…

2Cited by2 opinions

  1. Cullen v. MillerThe Superior Court of New York City · 1878
  2. Spellman v. SpellmanAppellate Division of the Supreme Court of the State of New York · 1922

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