Ideal Heating Corp. v. Royal Indemnity Co.

From a judgment in favor of plaintiff for $12,807.22, after trial before a jury in an action to recover on an attachment bond for the wrongful levy of an attachment, defendants appeal.

Facts: 1. In August, 1947, defendants DeMirjian commenced an action against plaintiff herein and others to recover the sum of approximately $300,000.

2. June 10, 1948, the DeMirjians filed with the clerk of the court an undertaking in attachment executed by defendant surety company and caused a writ of attachment to be issued and levied on the sum of $35,876.85, belonging to plaintiff.

3. About June 9, 1948, the Ideal Heating Corporation (plaintiff herein) filed a notice of motion to discharge the attachment.

4. On July 13, 1948, after the matter had been fully argued, the motion to discharge the attachment was denied and no appeal was taken therefrom.

5. On July 15, 1948, the Ideal Heating Company filed a second motion to discharge the attachment.

6. On August 6, 1948, the court denied the motion to discharge the attachment from which an appeal was taken and the District Court of Appeal reversed the order of the trial court and dissolved the attachment as wrongful.

7. July 26, 1949, the…