Braun v. Woollacott

CHIPMAN, C.

Action against defendants as sureties on a bond executed by one A. J. Hewton for the faithful performance and accounting to plaintiffs by him as consignee of certain goods. Plaintiffs had judgment, and defendants appeal from an order denying their motion for new trial.

1. It is contended that the complaint does not state a cause of action because it fails to show that plaintiffs were copartners when the action was commenced, and is therefore fatally defective. (Citing Affierbach v. McGovern, 79 Cal. 268; Fredericks v. Tracy, 98 Cal. 658; Holly v. Heiskell, 112 Cal. 174.) The point…