Evans v. Rappaport

The defendant, as surety, executed a bond in the sum of $700 in favor of the plaintiff in substitution for an attachment of several pieces of real estate in an action brought by the plaintiff against one Kantrowitz, and upon the failure of Kantrowitz to pay the judgment obtained by the plaintiff against him in that action, this suit was brought to recover the same from the surety. The bond is in the statutory form and the liability of the surety is limited to the actual value of the interest of the defendant in the attachment suit in the property attached. The defense claimed is that the…