Kelley
Kelley v. Goldschmidt
Opinion
Lead Opinion
Hart, J.
The appeal in this action is prosecuted by defendants H. IT. Goldschmidt and Goldschmidt Bros, from an order made by the superior court in and for the county of Los Angeles, on August 7, 1917, denying a motion made by said defendants to discharge an attachment theretofore levied upon certain personal property belonging to them.
The complaint was filed on the twentieth day of June, 1917, against the above-named defendants and one Milton Kauffman, but, on the sixteenth day of July, 1917, plaintiff caused the action to be dismissed as against said defendant Kauffman. Prom that time on the action was against the guarantors alone and, consequently, upon the contract of guaranty only, and thus the action stood when the notice of the motion to discharge the attachment was given on August 1, 1917.
The complaint was in two counts, in the first of which it was alleged that, on or about the seventeenth day of August, 1915, at the" city of Los Angeles,- defendant Kauffman, for a valuable consideration, executed and delivered to Hellman Commercial Trust & Savings Bank, a corporation (hereinafter called the bank), his promissory note in writing for the sum of nineteen thousand dollars,…