Howard Ins. Co. of New York v. Silverberg
Court of Appeals for the Ninth Circuit
In Error to Ihe Circuit Court of the United States for the Northern District of California. This action was commenced in tiie circuit court of tiie Northern district of California to recover upon an undertaking on appeal which had been execuied by the defendants in error on August 9, 1892, in a case then pending in the superior court of the city of New York, in which the Howard Insurance Company of New York was the plaintiff, and Julius Jacobs and George Easton were tiie…
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In Error to Ihe Circuit Court of the United States for the Northern District of California. This action was commenced in tiie circuit court of tiie Northern district of California to recover upon an undertaking on appeal which had been execuied by the defendants in error on August 9, 1892, in a case then pending in the superior court of the city of New York, in which the Howard Insurance Company of New York was the plaintiff, and Julius Jacobs and George Easton were tiie defendants, and in which a judgment liad been rendered for the plaintiff in the sum of 87,183.83. A condition of the…
1Opinion of the Court
GILBEBT, Circuit Judge,
after stating the facts as above, delivered the opinion .of the court.
- The controlling question presented in this case is whether the undertaking on appeal was executed without the state of California. No instrument is executed until it is delivered. To constitute a delivery, the obligor must do some act which places the instrument beyond his control and beyond his power of revocation. Duer v. James, 42 Md. 492; Fisher v. Hall, 41 N. Y. 416; Younge v. Guilbeau, 3 Wall. 636. The delivery need not always be made to the obligee personally. It may be made to a third person…
2Cases cited15 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Younge v. GuilbeauSupreme Court of the United States · 1866
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- State v. YoungSupreme Court of Minnesota · 1877
- Tilden v. BlairSupreme Court of the United States · 1875
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3Cited by4 opinions
- Eckerson v. TanneyDistrict Court, S.D. New York · 1916
- United States Banking Co. v. VealeSupreme Court of Kansas · 1911
- American Family Mutual Insurance v. ZavalaDistrict Court, D. Arizona · 2003
- Johnson v. North Star Lumber Co.Court of Appeals for the Ninth Circuit · 1913