Legal Opinion

Phansteihl v. Vanderhoof

Michigan Supreme Court

Decided January 12, 1871PublishedCited by 3 opinions

Error to Ottawa Circuit. This was an action of debt brought by Eeuben Vanderhoof for the use and benefit -of Heber Walsh, in the Circuit Court for the County of Ottawa, against Peter F. Phansteihl, Jan Trirape, and Patrick Gr.

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Error to Ottawa Circuit. This was an action of debt brought by Eeuben Vanderhoof for the use and benefit -of Heber Walsh, in the Circuit Court for the County of Ottawa, against Peter F. Phansteihl, Jan Trirape, and Patrick Gr. Cheever, executor of Matthias Schmidt,' deceased, upon a bond given by Schmidt in his life-time, with Phansteihl and Trimpe as sureties, reciting the issue of a writ of attachment, at the suit of Heber Walsh, against the property of Schmidt, and the seizure of certain goods and chatties belonging to him, and conditioned for payment of any judgment which might be…

1Opinion of the Court

Cooley, J..This case is within the ruling of Clark v. Dorr, 7 Mich., 310.

The suit was upon a bond given to obtain the release of property attached. The condition of the bond was that' the obligors would pay any judgment recovered by the-plaintiff in the attachment suit. The plaintiff recovered judgment, and the only question here is, whether the obligors in the attachment bond are liable to -him for the full amount of this judgment, or, on the other hand, only to-the amount o.f the value of the property released to them-on giving the bond, -if that sum is less than the judgment..

Upon the bond…

2Cases cited1 opinion

  1. Dorr v. ClarkMichigan Supreme Court · 1859

3Cited by3 opinions

  1. Goebel v. StevensonMichigan Supreme Court · 1876
  2. Doran v. Oasis Printing House, Inc.Arizona Supreme Court · 1922
  3. Hain v. NewellMichigan Supreme Court · 1923

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