Davidson v. Dallas
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. B. Davidson, the plaintiff in the Court below, as the assignee of W. R. Gorham, sheriff of San Francisco, brought this action against A. G. Dallas, E. R. Falkner, and Bernard Peyton, on a bond for one hundred thousand dollars, given by them to W. R. Gorham, under the following circumstances: 1. One Gilson sued out an attachment against Meiggs, for thirty-five thousand dollars, and had…
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. B. Davidson, the plaintiff in the Court below, as the assignee of W. R. Gorham, sheriff of San Francisco, brought this action against A. G. Dallas, E. R. Falkner, and Bernard Peyton, on a bond for one hundred thousand dollars, given by them to W. R. Gorham, under the following circumstances: 1. One Gilson sued out an attachment against Meiggs, for thirty-five thousand dollars, and had the steam-tug “ Underwriter ” seized by Gorham, sheriff of the county of San Francisco, on the eighth day of December,…
1Opinion of the Court
At the July Term, Burnett, J., after stating the facts, delivered the opinion of the Court.
In this case the defendants submit:
*2441. That in the Meiggs loan, McPherson acted without authority from Dallas, who never ratified it, and that, therefore, said debt from Meiggs was never, in fact, owing to Dallas; and said suit was, therefore, not authorized under the power.
2. The power of attorney does not authorize the execution of the bond of indemnity for Dallas, and that his sureties, executing the bond as Ms bond, and the condition failing, are not bound.
3. There is no proof of damage within the…
2Cases cited4 opinions
- Rossiter v. RossiterNew York Supreme Court · 1832
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Gibson v. ColtNew York Supreme Court · 1811
- People v. BradtNew York Supreme Court · 1811
3Cited by32 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- California State Automobile Ass'n Inter-Insurance Bureau v. WarwickCalifornia Supreme Court · 1976
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Davidson v. DallasCalifornia Supreme Court · 1860
- Iowa-Illinois Gas & Electric Co. v. City of BettendorfSupreme Court of Iowa · 1950
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