General Talking Pictures Corp. v. Jensen

STONE, Justice.

Action against principal and surety on a defendant’s bond in replevin. From a judgment on the pleadings for plaintiff, only the surety, defendant National Union Indemnity Company, appeals.

The replevin action went against the defendant principal, and the property was delivered to plaintiff. But it got judgment not only for a return of the chattels but also for upwards of $1,100 as dam ages for wrongful detention. The replevin complaint was had as a pleading of special damages; but, in the prayer for relief, damages in the sum of $250 for wrongful retention were demanded. By…