Setzer v. Foil

The opinion of the Court was delivered by

Mr. Chief Justice Stabler.

The facts out of which this action arose, briefly stated, are these: On January 24, 1933, A. P. Setzer, as plaintiff, brought an action in claim and delivery against the Nolan Tire & Auto Company as defendant, for the recovery of an automobile which he alleged had been stolen from him and which was then in the hands of the defendant. In order to get immediate possession of the car, the value of which was fixed at $300.00, he executed on the same date a bond in double that amount. On January 26, 1933, before the expiration of…