Pettit v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Otis Allen and another, from a judgment of the County Court of Allegany county in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 21st day of December, 1900, modifying, and affirming as modified, a judgment theretofore rendered in the action by a justice of the peace.
1Opinion of the Court
Adams, P. J.:
This action, which originated in a Justice’s Court, was brought to recover damages for the breach of the condition of an undertaking executed by the defendants as sureties for one Marcia S. Pettit, who was the plaintiff in a replevin action brought by her in a Justice’s Court against the plaintiff in the present action.
This undertaking was given pursuant to the provisions of sections ■2920 and 1699 of the Code of Civil Procedure, which require that the condition thereof shall be to the effect “ that the sureties are bound in a specified sum, not less than twice the value of the…
2Cases cited4 opinions
- Brewster v. . SillimanNew York Court of Appeals · 1868
- Martin v. . GilbertNew York Court of Appeals · 1890
- Weber v. . ManneNew York Court of Appeals · 1887
- Barton v. DonnellyNew York Supreme Court · 1894
3Cited by2 opinions
- Freeman v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1904
- Rogers v. United States Fidelity & Guarantee Co.Appellate Terms of the Supreme Court of New York · 1903