Comstock v. Breed
California Supreme Court
Appeal from the Fourth District, County of San Francisco. This was an action on an indemnity bond executed by the defendants, and payable to the plaintiff. The condition of the bond, and the defense set up to it, are briefly stated in the opinion of the Court. The cause was tried by a jury, who returned a verdict for the plaintiff, upon which judgment was entered, and the defendants appealed to this Court.
1Opinion of the CourtBaldwin, J.
This suit was brought on a bond of indemnity, on which bond Frothingham and West were sureties, not connected, except as hereinafter stated, with the consideration. The bond recites and acknowledges the general consideration of value received and surrendered, and is conditioned to pay to Comstock, who was a Receiver in a certain pending suit in one of the Courts of San Francisco, between Breed and Dennis, such moneys advanced by Comstock to Breed, as the Court might, by judgment, order to be paid by Comstock. The defense set up by these sureties is, that these moneys had, some five months…
2Cited by5 opinions
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Bissell v. KingCalifornia Court of Appeal · 1928
- Machebeuf v. ClementsSupreme Court of Colorado · 1873
- Wright v. Perry ByrneCalifornia Supreme Court · 1900
- Jenner v. StrohCalifornia Supreme Court · 1877