McCarty v. Beach
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. This is an action upon the following bond: “ Know all men by these presents, that I, George H. Beach, am held and firmly bound unto John T. McCarty, his heirs, executors, administrators, and assigns, in the penal sum of three thousand dollars, lawful money of the United States, for the payment of which, well and truly to he made unto the said John T. McCarty, his heirs, executors, administrators,…
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. This is an action upon the following bond: “ Know all men by these presents, that I, George H. Beach, am held and firmly bound unto John T. McCarty, his heirs, executors, administrators, and assigns, in the penal sum of three thousand dollars, lawful money of the United States, for the payment of which, well and truly to he made unto the said John T. McCarty, his heirs, executors, administrators, and assigns, I bind myself, my heirs, executors, administrators, and assigns, firmly by these presents. Sealed with my…
1Opinion of the CourtField, J.
Terry, C. J., and Baldwin, J., concurring.
This is an action upon a bond, executed by the defendant to the plaintiff in March, 1854, in the penal sum of three thousand dollars, conditioned for the release and satisfaction, within four months thereafter, of a mortgage upon premises previously sold and conveyed to the plaintiff. To the complaint—which avers the sale and conveyance; the existence of the mortgage; the execution of the bond; the failure of the defendant to comply with its conditions, and consequent sale of the premises under the mortgage, and their loss to the plaintiff—the…
2Cases cited2 opinions
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Dorr v. MunsellNew York Supreme Court · 1816
3Cited by9 opinions
- Moody v. PeiranoCalifornia Court of Appeal · 1906
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- State v. California Mining Co.Nevada Supreme Court · 1878
- Sherlag v. KelleyMassachusetts Supreme Judicial Court · 1908
- Hogue-Kellogg Co. v. BakerCalifornia Court of Appeal · 1920
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