Hotchner v. Barrymore, 31 F. Supp. 928 (E.D.N.Y., 1940).
An examination of Pennsylvania law, upon which the writ was originally obtained, has revealed that foreign attachment is primarily designed to compel a foreign non-resident to appear within the jurisdiction and defend the plaintiff's claim. Fairchild E. & A. Corp. v. Bellanca Corp., 391 Pa. 177, 137 A.2d 248 (1958); Sniderman v. Nerone, 336 Pa. 305, 9 A.2d 335 (1940).
However, since Allied has submitted to the jurisdiction of this Court by filing a petition for removal, the principal purpose of foreign attachment, i.e., to create quasi-in-rem jurisdiction over the defendant, is no longer applicable. Nor is there any danger that jurisdiction over Allied will terminate if the foreign attachment is subsequently quashed. Chemical Natural Resources, Inc. v. Republic of Venezuela, 420 Pa. 134, 141, 215 A.2d 864 (1966).
The secondary purpose of foreign attachment is to produce a fund out of which the plaintiff's claim, if successfully prosecuted, can be satisfied. Marano v. Granata, 151 Pa.Super. 454, 30 A.2d 243 (1943); Warner Co. v. Brann & Stuart Co., 198 F. Supp. 634 (E.D.Pa., 1961). Accordingly, Kelly need not rely upon the foreign attachment as a source of satisfaction, since Allied has already provided such a fund in the form of the counterbond in the amount of approximately $325,000 which it was obliged to furnish pursuant to the replevin actions of July 28, 1967. To require the continuation of the foreign attachment would subject Allied to the burden of providing security in an amount approximating twice the amount of Kelly's claim for damages. Although several lawsuits are involved in which Kelly has either claimed damages as plaintiff, or counterclaimed for damages in suits instituted by Allied, it is axiomatic that recovery for breach of contract can only be effected once. Consequently, the continued imposition of additional security in the form of foreign attachment in the circumstances herein presented, clearly constitutes an inequitable burden.
And now, this 30th day of November, 1967, it is hereby ordered that the defendant Kelly-Springfield Tire Company is enjoined from further prosecution in the Court of Common Pleas, Philadelphia of a cause of action bearing the caption Kelly-Springfield Tire Co. v. Allied Tire Sales, Inc., October Term, 1967, No. 2205; such action having since been removed to this Court.
It is further ordered that the foreign attachment instituted by Kelly-Springfield Tire Co. pursuant to the aforementioned suit in the Court of Common Pleas, Philadelphia, is hereby quashed.