Bunneman & Martononi v. Wagner

This is an action on an undertaking. The facts are that the plaintiffs brought an action against the firm of Dipascuale and Sanginetti for goods sold and delivered to them, and levied an attachment on the property of the defendant Dipascuale. Subsequently an undertaking was given by the defendant Max Wagner, as surety, and the plaintiffs released the property and turned it over to the said Dipascuale. Before *434the action came to trial Dipascuale died, and Louis Nelson, a creditor, was appointed administrator of the estate, who was substituted in the action for the defendant Dipascuale, and an…