Legal Opinion

Martin v. McCabe

California Court of Appeal

Decided April 4, 1913No. Civ. No. 1052PublishedCited by 3 opinions

APPEAL from a judgment of the Superior Court of Fresno County. George E. Church, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

A demurrer was sustained to plaintiff’s complaint, and from the judgment entered thereon the appeal is taken. The action was brought upon a bond given by contractors for the erection of a certain building. Various claims were assigned to plaintiff and it appears that the assignor in each instance furnished building materials to be used, and which were actually used, in the construction of said building. The bond was executed by J. J. McCabe, T. P. Cavanaugh, A. S. Cleary, and Patrick Segrue, and was in form as follows:

“Know all men by these presents, that J. J. McCabe and T. P. Cavanaugh as…

2Cases cited10 opinions

  1. McClain v. HuttonCalifornia Supreme Court · 1900
  2. People's Lumber Co. v. GillardCalifornia Supreme Court · 1902
  3. People v. MatuszewskiCalifornia Supreme Court · 1903
  4. Gibbs v. TallyCalifornia Supreme Court · 1901
  5. Hampton v. ChristensenCalifornia Supreme Court · 1906

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3Cited by3 opinions

  1. Miles v. BaleyCalifornia Supreme Court · 1915
  2. Evans v. ShackelfordCalifornia Court of Appeal · 1923
  3. Lamb v. National Surety Co.California Court of Appeal · 1930

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