Frankel v. Stern

Citations

• 44 Cal. 168
• 1872 Cal. LEXIS 173

Syllabus

<p>Undeetaking on Attachment.—An undertaking on attachment is an original, independant contract on the part of the sureties, and must be construed in connection with the statute which authorizes it.</p> <p>Idem.—If, in an undertaking on an attachment, a word is omitted by mistake, and by looking at the whole undertaking and the statute it is apparent what word was intended to have been inserted, the omitted word may be supplied, and the contract read as if it had been expressed, without first reforming it by supplying the omitted word.</p> <p>Damases on Attachment Undebtaking.—A judgment for damages on an undertaking on attachment for the depreciation in value of the goods taken during the time they were in the officer’s hands, is not excessive.</p>