Hessell v. Johnson

Campbell, O. J.

Defendants were sued jointly upon an-attachment bond given for the release of attached property belonging to defendant Johnson, who signed the bond as principal, the others being charged as sureties.

It appeared on the trial that Royce signed the bond on the-express understanding, which, in our opinion, was equivalent, to a condition, that it should be signed also by one John K. Stack as co-surety, and that he had reason to believe this-would be done. This condition was mad.e to Johhson, the-principal, and, as he claimed and swore, was made known to-plaintiffs’ attorney before…