1 How. Pr. 41
Decided December 15, 1844
New York Supreme Court · decided 1844-12-15
Motion by defendant that the penalty of the replevin bond in this cause be increased, or for a new appraisement before the sheriff of Mew York.— Defendant’s facts: The property replevied was seized by defendant for $900 rent. It consists of millinery articles. The plaintiff stated to divers persons that the property was worth about $1,000. The appraisal before the sheriff was made by the plaintiff’s attorney, who valued the property at $300.
Decided 1844-12-15
¶1The appraised value is that made by the appraisers, who acted on the part of the defendant. The motion is denied, but as it is rather undesirable to allow the plaintiff’s attorney to be a witness upon this occasion, I shall not give costs to either party.
¶2Decision.—Motion denied without costs.