Oliver Wendell Holmes, Jr.

“ But there is nothing to hinder a man from assenting to that as well as to the rest if the statute permits it. The suggestion that there is a constitutional difficulty has no foundation. It is true that the section of the Code speaks only of appraised value, but if by a reasonable construction appraisal is held to be a superfluous form when there is no question that the property attached is worth much more than the judgment, the omission must be taken to have been contemplated by the surety when he signed. ”

“ There was an attachment of a stock of goods that were worth much more than the judgment finally recovered, but never were formally appraised, and the next day the plaintiff in error, as surety to the Semmes-Kelly Company, signed an undertaking to release the property attached, in the form provided in the District Code, § 454 [31 Stat at L. 1261, chap. 854] . ”

“ United Surety Company v. American Fruit Product Company
Argued: May 12, 1915. --- Decided: June 14, 1915
This is a suit originally brought by the defendant in error against the Semmes-Kelly Company in the supreme court of the District to recover $10,596.45 for goods sold. ”