Commonwealth for Use v. Stein

Opinion by

Mr. Justice Drew,

This was an action in assumpsit against Jacob Stein, and National Surety Corporation, as surety, cn a bond which they gave in connection with a Fraudulent Debt- or’s Attachment instituted by Stein against the plaintiff, Max Rothstein. The attachment was made on July 14, and dissolved on October 9, 1933, after which this suit was brought. The trial resulted in a verdict of $4,500 for Rothstein, and, after a new trial was refused and judgment entered on the verdict, the defendant, Stein, took this appeal. The bond upon which the suit was founded is in the form…