Underhill v. Trustees of Sonora
California Supreme Court
Appeal from the Fifth District. Suit upon twenty-three bonds of the city of Sonora in the following form: No. 1. No. 1. CITY OF SONORA BOND. $100. $100. Issued in accordance with an ordinance approved Jan. 28th, A. D. 1853. Two years after date the city of Sonora promises to pay to the order of the Mayor thereof, the sum of one hundred dollars, provided the same be not sooner paid from funds anticipated, with interest at the rate of two per cent, per month, payable at the…
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Appeal from the Fifth District. Suit upon twenty-three bonds of the city of Sonora in the following form: No. 1. No. 1. CITY OF SONORA BOND. $100. $100. Issued in accordance with an ordinance approved Jan. 28th, A. D. 1853. Two years after date the city of Sonora promises to pay to the order of the Mayor thereof, the sum of one hundred dollars, provided the same be not sooner paid from funds anticipated, with interest at the rate of two per cent, per month, payable at the Treasurer’s office semi-annually, on the surrender of the annexed coupons. This bond- transferable by assignment on the…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
We think the demurrer in this case was improperly sustained. The complaint set out the bond sued on; avers the defendant to be a corporation; that the corporation made and delivered the bond on good consideration; that this was done under an ordinance passed by the proper agents of the corporation, having authority for that purpose; and that the defendant has failed to pay. This is enough, prima fade, to show a liability on the part of the corporation. We see no more necessity for a plaintiff suing a corporation on a note or bond, to set out the ordinance…
2Cited by10 opinions
- Littlefield v. City of ShreveportSupreme Court of Louisiana · 1921
- Sawyer v. ColganCalifornia Supreme Court · 1894
- Moody v. Provident Irrigation DistrictCalifornia Supreme Court · 1938
- Robertson v. Blaine CountyCourt of Appeals for the Ninth Circuit · 1898
- School District No. 5 v. First National BankSupreme Court of Kansas · 1901
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