Stansfield

In an action brought by plaintiff to recover the sum of $3,609,85 from Edward L. Tobin there was issued an attachment under which the sheriff took possession of an automobile belonging to Tobin. The defendants herein executed and delivered to Tobin an undertaking in the following form:

Tobin, without the knowledge or consent of either defendants or plaintiff, changed the words “Six Hundred and no/100 ($600.00),” appearing in the undertaking as delivered to him, to “Three Thousand Five Hundred and Fifty-nine and 85/100” and inserted “Four Thousand” in the blank space for the amount of the penalty of the undertaking. As so changed, Tobin delivered the undertaking to the sheriff, who thereupon released the attached property. Plaintiff recovered judgment against Tobin in the sum of $2,250. This action is for the recovery from the defendants of the amount of such judgment. The court found the facts as stated and gave the plaintiff judgment for the sum of $600. From this judgment the plaintiff has appealed on the judgment-roll alone.

The undertaking, as delivered by defendants to Tobin, was enforceable to the extent of $600, the sum for which the undertaking recites that plaintiff had…