Bearden v. General Motors Acceptance Corp.

I dissent from the majority opinion and the judgment of affirmance. This is a suit for the breach of a replevy bond where the conditions of the bond were that "should said property be forthcoming when called for by the levying officer, then this bond to be void; otherwise of full force and effect.” The claim is for the reduced value of the property due to deterioration during the time the property was in the hands of the principal, that is, after the bond was given and until it was finally turned over to the levying officer. The principal is now deceased. The case proceeded against the…