Busby v. Gordon

Appellate Division of the Supreme Court of New York

Busby v. Gordon

239 A.D. 788

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1933·No. Appeal No. 1·Published

Opinion

Order modified by striking therefrom the provision for posting a surety bond in the sum of $10,000 as a condition for the removal of the contents of the safe deposit box, and as so modified affirmed, with ten dollars costs and disbursements to appellants. In our opinion the respondent has no lien upon the personal property in question, and it was, therefore, improper to require plaintiffs to post a bond to secure a possible judgment in the respondent’s favor as a condition of granting the mandatory injunction to compel delivery to plaintiffs of the property concededly belonging to them. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Order modified by striking therefrom the provision for posting a surety bond in the sum of $10,000 as a condition for the removal of the contents of the safe deposit box, and as so modified affirmed, with ten dollars costs and disbursements to appellants. In our opinion the respondent has no lien upon the personal property in question, and it was, therefore, improper to require plaintiffs to post a bond to secure a possible judgment in the respondent’s favor as a condition of granting the mandatory injunction to compel delivery to plaintiffs of the property concededly belonging to them. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

Busby v. Gordon, 239 A.D. 788 (N.Y. Ct. App. 1933).

Pincite

239 A.D. 788 (Busby v. Gordon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.