Blue Ridge Coal Corp. v. Lewis

Headnote

Attachment — action to establish ownership of property attached and to recover value thereof — motion for summary judgment properly denied.

Blue Ridge Coal Corporation v. Lewis, 210 App. Div. 275 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1924, which reversed an order of Special Term granting a motion for summary judgment and denied said motion. The complaint demanded that the defendant Genevieve M. Lewis establish that she was the owner of property at the time of its seizure under a warrant of attachment, and that in case of her failure so to do plaintiff recover from the defendants Genevieve M. Lewis and Royal Indemnity Company, jointly and severally, the value of the aforesaid property so claimed by the defendant Genevieve M. Lewis, with interest from the date of the undertaking. The Appellate Division held that a defense that the sheriff without any authority required a bond, although he failed to secure a bond from the attaching creditor as required by the Civil Practice Act; and that the claimant was entitled to her property under the circumstances without filing a bond, was good if sustained by proof. The following question was certified:

“ Was plaintiff's motion properly denied as matter of law? ”