Letson v. Dodge
New York Supreme Court
APPEAL, by the plaintiff, from a judgment entered at a special term, after a trial at the circuit, before a justice of this court, without a jury, a jury having been waived by the parties in open court.
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APPEAL, by the plaintiff, from a judgment entered at a special term, after a trial at the circuit, before a justice of this court, without a jury, a jury having been waived by the parties in open court. The action was brought to recover damages on an undertaking for $170, executed by the defendant Dodge, as principal, and the defendant Smith, as surety, on the 2d day of May, 1864,. in an action that day commenced by the said Jasper Dodge against the said Marcus Letson, before John W. Hamlin, Esq., a justice of the peace, in the town of Aurora, county of Erie, to recover possession of a three…
1Opinion of the Court
By the Court, Johnson, J.
The action is upon an undertaking given in a justice’s court, upon the commence*128ment of an action- in that court, for the recovery of the possession of personal property, by the defendant Dodge, against the plaintiff in this action. The undertaking was in the usual form, “ for the prosecution of said action, and the return of said property to the defendant, if return thereof be adjudged, and for the payment, to the defendant, of such sum as may, for any cause, be recovered against said plaintiff.”
Dodge, the plaintiff in that action, was defeated in the justice’s court,…
2Cases cited4 opinions
- Traver v. NicholsNew York Supreme Court · 1831
- Bennett v. . BrownNew York Court of Appeals · 1859
- Tibbles v. O'ConnorNew York Supreme Court · 1858
- Livingston v. HammerThe Superior Court of New York City · 1860
3Cited by4 opinions
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- Mackellar v. FarrellThe Superior Court of the City of New York and Buffalo · 1890
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- Lowry v. TewNew York Supreme Court · 1881