People v. Hartley
California Supreme Court
Appeal from the Sixth Judicial District. This is an action brought by the District Attorney of Yolo County on behalf of the People against H. H. Hartley, one of the sureties upon the official bond of W. H. Brooks, the former Treasurer of said county. The complaint sets forth the bond, and charges that Brooks, as Treasurer, was a defaulter in the sum of $7,000, for which defendant is liable as surety.
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Appeal from the Sixth Judicial District. This is an action brought by the District Attorney of Yolo County on behalf of the People against H. H. Hartley, one of the sureties upon the official bond of W. H. Brooks, the former Treasurer of said county. The complaint sets forth the bond, and charges that Brooks, as Treasurer, was a defaulter in the sum of $7,000, for which defendant is liable as surety. The complaint also suggests several “ defects ” in the bond, and among them the failure of Brooks to sign it, with a view to obviate them effect under the provisions of section eleven of the act…
1Opinion of the CourtField, C. J.
Cope, J. and Norton, J. concurring.
The bond executed by Hartley and others embraces several distinct obligations. The principal and each of the sureties bind themselves in certain sums designated; and as we read the instru*589ment, not jointly and severally, but only jointly. The term “ severally,” as used in the instrument, applies only to the different sums which the parties respectively specify as the limit of the liability they assume. Being a joint bond, the signature of the principal was essential to its validity and binding force upon the sureties. As we said of the bond in the case of the…
2Cases cited5 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Johnson v. Erskine ex rel. HangerTexas Supreme Court · 1852
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
- Fletcher v. AustinSupreme Court of Vermont · 1839
- City & County of Sacramento v. DunlapCalifornia Supreme Court · 1859
3Cited by23 opinions
- State v. HillNebraska Supreme Court · 1896
- American Surety Co. v. School District No. 64Nebraska Supreme Court · 1928
- Kurtz v. ForquerCalifornia Supreme Court · 1892
- Melander v. Western National BankCalifornia Court of Appeal · 1913
- People v. LoveCalifornia Supreme Court · 1864
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