Cadenasso v. Antonelle
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. J. C. B. Hebbard, Judge.
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APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. J. C. B. Hebbard, Judge. The bond set forth in the complaint was signed by the sureties alone, A. D. Turner and J. L. Vermeil, who undertook to become sureties and guarantors “for the full performance on the part of J. S. Antonelle and S. B. Frazier, copartners doing business as J. S. Antonelle & Co., the parties of the second part in the above contract,” being a contract made by them as second parties, with C. V. Perry and C. S. Holmes, as parties of the first part, for…
1Opinion of the Court
COOPER, C.
This is an appeal from a judgment in favor of plaintiffs and from an order denying the defendants’ motion for a new trial. The complaint states in substance that on the first day of November, 1895, the defendant Antonelle entered into a contract with one Perry and others, under the terms of which Antonelle was to build a tunnel in the Butte Basin gravel mine, situated in Amador county, within the time and for the consideration named in a written contract made by said parties.
Antonelle gave to said Perry and others an undertaking, with defendants Turner and 'Vermeil as sureties,…
2Cases cited6 opinions
- Godeffroy v. CaldwellCalifornia Supreme Court · 1852
- Gaylord v. LoughridgeTexas Supreme Court · 1879
- Weathersby v. SleeperMississippi Supreme Court · 1869
- Dart v. Mathew & Co.Supreme Court of Georgia · 1878
- Brown v. RodockerSupreme Court of Iowa · 1884
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3Cited by17 opinions
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- First Congregational Church of Christ v. LowreyCalifornia Supreme Court · 1917
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- American Savings Bank & Trust Co. v. National Surety Co.Washington Supreme Court · 1919
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