Tevis v. Randall
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action against the defendant Randall, a notary public, and his sureties on his official bond, for damages for neglect of an official duty. The case was tried before the Court, a jury being waived, and the finding of the Court below establishes the following facts : The plaintiff was the holder and owner of a promissory note by endorsement.
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Appeal from the Superior Court of the City of San Francisco. This was an action against the defendant Randall, a notary public, and his sureties on his official bond, for damages for neglect of an official duty. The case was tried before the Court, a jury being waived, and the finding of the Court below establishes the following facts : The plaintiff was the holder and owner of a promissory note by endorsement. On the day of its maturity the plaintiff gave the note to the defendant, Randall, for protest. Randall duly protested the note, but failed to give proper notice of protest to the…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
1. The first assignment of error is that the bond is payable to “ The People of the State of California,” whereas it is insisted the Act requires it to be made payable to “ The State of California.” All that is requisite to constitute a good bond on this point, is that it should have a certain obligee, so there be no mistake as to the one to whom the service or duty is owing. Either of the names is descriptive of the same sovereignty, and may be indifferently used, as they are in various statutes.
2. Another objection is as to the form…
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