Pelham Hod Elevating Co. v. Baggaley
City of New York Municipal Court
Appeal from special term. Action by the Pelham Hod Elevating Company against Joshua Baggaley. The action in form for replevin was begun October 27, 1890, to recover an engine and boiler valued at $400, and $100 damages for the detention thereof. The property was taken into the custody of the sheriff on that day.
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Appeal from special term. Action by the Pelham Hod Elevating Company against Joshua Baggaley. The action in form for replevin was begun October 27, 1890, to recover an engine and boiler valued at $400, and $100 damages for the detention thereof. The property was taken into the custody of the sheriff on that day. The defendant failed to counter-bond, and no claim was made to the property by any third person, in the manner prescribed by Code, § 1709. On November 13, 1890, the defendant applied for an order substituting one Frank W. Keys, receiver, etc., as defendant in place of the defendant,…
1Opinion of the CourtMcAdam, C. J.
The Code has provided a special procedure by which a defendant against whom replevin is instituted may retain the property claimed, (section 1704,) and by which a third person, not a party, may obtain possession of the same under claim of title, (section 1709.) Neither of these methods were resorted to in the present instance, and the plaintiff became entitled to receive and hold possession of the property until the final determination of the action. The defendant was not entitled to an order of interpleader under section 820 of the Code, because he did not tender into court the property…
2Cases cited3 opinions
- Lynch v. St. JohnNew York Court of Common Pleas · 1878
- Vosburgh v. HuntingtonNew York Supreme Court · 1862
- Edgerton v. RossNew York Court of Common Pleas · 1858
3Cited by1 opinion
- Wright Steam Engine Works v. New York Kerosene Oil Engine Co.New York Supreme Court · 1904