Eisenbud v. Gellert
Appellate Terms of the Supreme Court of New York
Appeal by the .defendants from a judgment of the Municipal Court of the. city of New York, borough of Manhattan, first district, rendered in favor of the plaintiff upon a trial had before the court without a jury. Action upon an undertaking given to obtain a release from levy of an attachment. The pleadings were oral and the answer was a general denial, and set up the Statute of Limitations. The facts, so far as they are material, are stated in the opinion.
1Opinion of the CourtGiegerich, J.
The undertaking in suit was given by the defendants, under section 2912 of the Code of Civil Procedure, in an action brought by the plaintiff against one Joseph Cohen wherein an attachment was issued. To release the property attached — the contents of a grocery store, which had been conducted by Cohen —■ the defendant, Meyer Benowitz, who claimed ownership of the goods, furnished this undertaking, following the statute in the customary form, and, thereunder, was to be held to the burden of proving that he was the general owner of the goods at the date of the attachment, if he and his sureties…
2Cases cited5 opinions
- Denton v. LivingstonNew York Supreme Court · 1812
- Marble v. TowmanAppellate Division of the Supreme Court of the State of New York · 1896
- Cruyt v. PhillipsNew York Supreme Court · 1858
- Frink v. StevensNew York Supreme Court · 1895
- Globe v. RauchAppellate Terms of the Supreme Court of New York · 1897
3Cited by3 opinions
- Ross-Higgins Co. v. ProtzmanCourt of Appeals for the Ninth Circuit · 1922
- Gottlieb v. KurlanderAppellate Terms of the Supreme Court of New York · 1906
- Gross v. GorschAppellate Terms of the Supreme Court of New York · 1907