United States Film Co. v. United States Fidelity & Guaranty Co.

In an action brought by this plaintiff against one J. Arthur Nelson, the subject of which was the right to the possession of a certain moving-picture film entitled ‘1 Slim and the Mummy, ’ ’ valued at one thousand dollars, the court rendered a judgment requiring Nelson, defendant in said action, to deliver the same to plaintiff. Defendant appealed from the judgment and, for the purpose of staying execution thereof, procured defendant herein to execute an undertaking in the sum of one thousand dollars, conditioned as required by section 943 of the Code of Civil Procedure, that appellant should obey any order of the appellate court made on said appeal. The judgment was affirmed and the remittitur filed with the clerk of the lower court on March 28, 1916, notice of which fact was, on April 7, 1916, duly given to defendant’s attorney of record. No delivery, however, of the film was made, and on May 4, 1916, plaintiff demanded of defendant herein payment of the sum of one thousand dollars, found by the court to be the value thereof and which sum defendant by said undertaking agreed to pay in the event of Nelson’s failure to deliver the film. In the absence of such delivery and payment…