Legal Opinion
Bank of Utica v. Castle Ford, Inc.
New York Supreme Court
Decided March 1, 1968PublishedCited by 2 opinions
1Opinion of the CourtRichard D. Simons, J.
In this replevin action, plaintiff moves pursuant to CPLR 7103 (subd. [b]) to impound a 1965 Oldsmobile automobile presently being held by the Sheriff of Herkimer County.
The plaintiff claims the automobile by virtue of a defaulted chattel mortgage given to it by Worden Motors. The defendant claims title as purchaser of the automobile from Worden Motors.
On Friday, January 26, 1968, the Sheriff served a requisition on defendant with appropriate papers. The defendant attempted to reclaim the automobile and obtained a bond on Saturday, January 27. That bond, however, was incorrect and since the…
2Cases cited5 opinions
- Allen v. . JudsonNew York Court of Appeals · 1877
- Corn Exchange Bank v. BlyeNew York Court of Appeals · 1886
- Brockway Motor Truck Corp. v. SelzerAppellate Division of the Supreme Court of the State of New York · 1932
- King v. ClementsAppellate Division of the Supreme Court of the State of New York · 1935
- National Surety Corp. v. Chelsea Fireproof Storage Warehouses, Inc.Appellate Division of the Supreme Court of the State of New York · 1937
3Cited by2 opinions
- Printables, Inc. v. Brittany Dyeing & Printing Corp.District Court, S.D. New York · 1991
- United States Extrusions Corp. v. Strahs Aluminum Corp.New York Supreme Court · 1972