22 Mich. 296 | Mich. | 1871
.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 alone there could be no question whatever; but the statute — Comp. L., § 4757 — provides that “ In case of failure to perform the condition of any such bond, the-plaintiff shall be entitled to recover thereon the full value of the property attached, or so much thereof as shall be sufficient to satisfy the judgment rendered on such attachment, with interest and costs.” The defendants insist that the plaintiff can only recover the value of the property, not exceeding in any case the amount of the judgment. We think, on the other hand, that he is entitled to recover the-amount of the judgment, irrespective of the value of the-property.
By referring to Comp. L., § 4755, it will be seen that the party giving bond had his option either to have it conditioned for the payment of the judgment, or for the production of the property to satisfy any execution that-might be issued thereon. He chose to give the bond first, mentioned. It can hardly be supposed that the statute-would have required from the obligors an absolute under-' taking to pay the judgment if their liability was to be conditional. Section 4757, before cited, provides the rule of
We find no error in the record, and the judgment must be affirmed, with costs.
