Nua v. Mahelona

Citations

• 23 Haw. 702
• 1917 Haw. LEXIS 39

Syllabus

<p>Attachment — sufficiency of affidavit.</p> <p>An affidavit for attachment which shows the indebtedness of the defendant to the plaintiff “over and above all just credits and offsets” is sufficient without stating that the indebtedness is upon contract, express or implied, a fact to be determined from the complaint in the action.</p> <p>Same — undertaking for attachment.</p> <p>Under section 2783 R. L. an undertaking for attachment in a sum not less than double the amount sued for is required, and where the undertaking for attachment is less than double the amount for which judgment is asked the attachment should be discharged on proper motion made.</p> <p>Principal and Agent — assumpsit—liability of agent.</p> <p>An agent who receives money for his principal under promise to deposit it in bank for the principal and neither deposits the money in bank to the credit of the principal nor pays it to the principal, hut delivers it to another who appropriates it to his own use, is liable therefor to the principal in an action of assumpsit.</p>