New York Court of Appeals October 6, 1891 (Dale v. Gilbert)

Peckham, J.

In Martin v. Gilbert, 119 N. Y. 298; 29 N. Y. State Rep. 440, the question depended upon the proper effect to be given a recital contained in an undertaking which remained unamended and in full vigor as when first delivered. The defendant in that case had given an undertaking by virtue of which he took back the property which had been taken by the coroner under his requisition.