Nethery v. Belden

Citations

• 66 Miss. 490

Syllabus

<p>1. Attachment against Debtors. To what demands applicable.</p> <p>The remedy by attachment applies to all actions or demands founded upon-any indebtedness, or for the recovery of damages for the breach of any contract, express or implied, and to actions founded on any penal statute. Code 1880, l 2414.</p> <p>2. Attachment ; for Breach of Implied Contract.</p> <p>Whenever assumpsit will lie for the breach of an implied contract, attachment may be maintained to recover damages therefor, although the breach of the contract may be tortious.</p> <p>3. Bailment. Duty of bailee or hirer.</p> <p>A bailee or hirer of an animal is under an implied obligation to use it with ’ such care and moderation as an ordinarily prudent man would use toward his own property of the same kind, and not to apply it to any other purpose than that for which it was hired.</p> <p>4. Attachment. Maintainable against bailee ; breach of implied contract.</p> <p>Since for breach of this implied contract the bailor may recover damages' from the bailee in assumpsit as well as in case, the demand or claim for such damages is within the meaning of § 2414 of the code 1880, authorizing attachments, and an attachment may be maintained therefor.</p>