Jones v. Short
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is an action on a redelivery undertaking. On the 22d of December, 1906, plaintiff, J. N. Jones, commenced an action, in the circuit court for Columbia County, against J. D. Short to recover the sum of $1,494.15, and by a proper proceeding therein procured an attachment of certain personal property belonging to said defendant Short.
Read the full summary
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Justice Eakin. This is an action on a redelivery undertaking. On the 22d of December, 1906, plaintiff, J. N. Jones, commenced an action, in the circuit court for Columbia County, against J. D. Short to recover the sum of $1,494.15, and by a proper proceeding therein procured an attachment of certain personal property belonging to said defendant Short. Whereupon, on the same day, for the purpose of securing a release of the attached property, the defendants herein executed and delivered to said sheriff a redelivery undertaking,…
1Opinion of the CourtJustice Eakin
1. Two questions are presented for our consideration: (1) Can sureties on an undertaking satisfy their liability thereon by tendering to the sheriff a portion of the property called for by it, and an offer to pay the value of the part converted? (2) Are the defendants bound by the penalty fixed in the undertaking, and the stipulation of value contained therein?
The undertaking obligates the sureties to redeliver to the sheriff all of the property mentioned, and a tender of less than all will constitute a breach thereof. A delivery of part of the property does not discharge any part of the…
2Cases cited9 opinions
- Charles Kohn & Co. v. HinshawOregon Supreme Court · 1889
- Metrovich v. JovovichCalifornia Supreme Court · 1881
- Munter v. LeinkauffSupreme Court of Alabama · 1885
- Brumby v. BarnardSupreme Court of Georgia · 1878
- Pearce v. MaguireSupreme Court of Rhode Island · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cox v. Southern Surety Co.Supreme Court of Iowa · 1929
- Decorso v. BoothUtah Supreme Court · 1939