Bancroft-Whitney Co. v. Gowan

The opinion of the court was delivered by

Dunbar, J.

This action was brought by the plaintiff for the purpose of recovering from the defendant (re*67spondent) possession of a lot of law books described in tbe complaint. At tbe time of tbe commencement of tbe action an affidavit and bond in claim and delivery were lodged with the sheriff, and the property taken from the respondent and delivered to the plaintiff. The action was founded upon a written instrument executed and delivered by the respondent to the plaintiff, of which the essential part is as follows:

“State of Washington, county of…