Nelson v. Century Indemnity Co.

This suit was brought by G. Nelson as assignee of the judgment entered in the Superior Court for the County of San Francisco on the 10th day of October, 1929, against the San Francisco Iron & Metal Company, a corporation, L. Silberman, and N. Abraham. The Century Indemnity Company was the surety upon an undertaking given in that action to secure the releáse of property which had been attached by the sheriff in pursuance of a writ issued upon the institution of the action. The bond was for the'sum of $6,000 and conditioned that in ease the plaintiff in that action recovered judgment against the San Francisco Iron & Metal Company, a corporation, H. Silber-man, and L. Silberman, the said defendants would either redeliver the attached property or in default thereof, pay the full value thereof, not exceeding the amount of the judgment, to the plaintiff in said action. The plaintiff alleged 'that the judgment had been rendered against the defendants San Francisco Iron & Metal Company and L. Silber-man, and execution had been issued thereon and returned unsatisfied; that L. Silberman was insolvent, and that the San Francisco Iron & Metal Company was insolvent and bankruptcy proceedings…