Hoft v. Coastwise Shipping & Lighterage Co. of Delaware

The appeal challenges the correctness of the ruling of the court below that the plaintiff was not entitled to a summary judgment against the surety on the bond of the defendant executed for the return of property attached. The appellant contends that, being entitled to recover against the principal, at the same time and in the same action, he was entitled to judgment, without notice or hearing, against the surety on the principal’s forthcoming bond given for the release of property lawfully attached.

An examination of the record of the various proceedings in this case, which extended over a…