Legal Opinion

Hohenstein v. Westminster Candle Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by the plaintiff, Hugo Hohenstein, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of April, 1898, requiring him to substitute a new surety and to file a new undertaking in an action of replevin.

1Opinion of the Court

McLaughlin, J.:

The plaintiff replevined certain chattels and for that purpose executed and delivered the undertaking, with two sureties, required by section 1699 of tile Code of Civil Procedure. Thereafter one of the sureties became insolvent, and the defendant, on that ground, applied for and obtained the order appealed from, which requires the plaintiff to give a new undertaking.

We think the order must be reversed. There is no provision in the Code of Civil Procedure which entitles a defendant to an under*12taking in an action of replevin other than that specified in the section above referred…

2Cases cited1 opinion

  1. United States Land & Investment Co. v. BusseyNew York Supreme Court · 1889

3Cited by1 opinion

  1. Powers-57th Street, Inc. v. GalloAppellate Division of the Supreme Court of the State of New York · 1960

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