Java Cocoanut Oil Co. v. Fidelity & Deposit Co.

RUDKIN, Circuit Judge.

These two cases were tried together in the court below and present the same questions for consideration here. It- is therefore deemed sufficient to refer briefly to one of the cases, and in that connection we will refer to the parties as designated in the court below.

One Porter commenced an action against the plaintiff herein, as defendant, to recover damages for breaches of certain written contracts. Later the plaintiff in that action sued out a writ of attachment, and in consideration of the issuance of the writ the defendant herein executed an undertaking, conditioned…