United States Land & Investment Co. v. Bussey
New York Supreme Court
Appeal from special term, Hew York county. Action by the United States Laud & Investment Company against William G. Bussey to recover possession of 469 bonds. Plaintiff appeals from an order of reference to ascertain the real value of the bonds. Code Civil Proc.
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Appeal from special term, Hew York county. Action by the United States Laud & Investment Company against William G. Bussey to recover possession of 469 bonds. Plaintiff appeals from an order of reference to ascertain the real value of the bonds. Code Civil Proc. H. Y. e. 14, tit, 2, provides for a proceeding to recover chattels by delivery of an affidavit to the sheriff, setting forth plaintiff’s title, etc., and the actual value, and executing a bond, with sureties to be approved by the sheriff. By section 1700 the sheriff is then required to forthwith replevy the property by taking…
1Opinion of the Court
Barrett J.
The question presented by this appeal is one of power. The plaintiff, in its replevin affidavit, stated the actual value of the property *417claimed, and gave an undertaking appropriate thereto. The defendant insists^ that the value thus stated is less than the true value. He excepted, however,' to the plaintiff’s sureties, but, before justification, he moved to require of the plaintiff a larger undertaking. The court thereupon ordered a reference to ascertain the real value, and the plaintiff appeals from the order. If the court had no [lower to require an additional undertaking, the…
2Cases cited7 opinions
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- Hofheimer v. . CampbellNew York Court of Appeals · 1874
- Hartford Quarry Co. v. PendletonNew York Court of Common Pleas · 1857
- Knehue v. WilliamsThe Superior Court of New York City · 1852
- Nosser v. CorwinNew York Court of Common Pleas · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hohenstein v. Westminster Candle Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Powers-57th Street, Inc. v. GalloAppellate Division of the Supreme Court of the State of New York · 1960