Browner v. Davis
California Supreme Court
Appeal from the Fourteenth District. The bond in this case runs, “ That we, of the County of Nevada, State of California, as sureties for Aaron Davis and Thomas W. Martin, * * are held and firmly bound unto Joshua Browner, T. G. Smith, A. Sargeant and A. McMullen, in the sum,” etc., the condition being that said Davis and Martin shall pay the obligees damages, etc. The bond is signed by Hollingsworth & Lampe only.
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Appeal from the Fourteenth District. The bond in this case runs, “ That we, of the County of Nevada, State of California, as sureties for Aaron Davis and Thomas W. Martin, * * are held and firmly bound unto Joshua Browner, T. G. Smith, A. Sargeant and A. McMullen, in the sum,” etc., the condition being that said Davis and Martin shall pay the obligees damages, etc. The bond is signed by Hollingsworth & Lampe only. In the title of the original complaint, Browner alone is plaintiff, and Davis, Martin, Hollingsworth and Lampe, defendants. The amended complaint is entitled Browner, Sargeant,…
1Opinion of the CourtBaldwin, J.
Cope, J. and Field, C. J. concurring.
This suit was brought on an injunction bond.
1. The first error assigned, is the overruling of a demurrer to the complaint. The ground of demurrer was, that the bond was given to the plaintiff and other obligees, and, therefore, the plaintiff had no right to sue alone for a breach of it. But the complaint shows that the property upon which the injunction operated, was the sole property of the plaintiff, and the sole injury was his. Within the case in 10 Cal. 347, Summers v. Farish, the suit was well brought in the name of the party really and alone…
2Cases cited2 opinions
- Summers v. FarishCalifornia Supreme Court · 1858
- Prader v. PurkettCalifornia Supreme Court · 1859
3Cited by9 opinions
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- Kindel v. Beck & Pauli Lithographing Co.Supreme Court of Colorado · 1893
- Russell v. United Pacific InsuranceCalifornia Court of Appeal · 1963
- Robinson v. RaquetCalifornia Court of Appeal · 1934
- Cummings v. MorezCalifornia Court of Appeal · 1974
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