Bernhardt v. Commodity Option Company, Inc.

Plaintiffs-appellants brought an action in the district court for breach of contract alleging inter alia, that the defendant Commodity Option Company failed to exercise certain options on plaintiffs’ behalf. The complaint was subsequently amended to include claims for conversion, fraud, and violation of federal and state security laws. Along with the filing of the complaint, plaintiffs filed an affidavit in attachment, and an attachment bond. The affidavit in attachment alleged:

“That Defendants are about to remove their property or effects, or a material part thereof, out of this state, with…