Brooke v. American Savings Bank

(dissenting). — I respectfully dissent from the conclusion of the majority. I realize that a dissent is of little importance in the particular case, but it may be more or less educative, and, at any rate, records the reaction of the dissenter.

This is an action on a bond against the defendant surety company only. The real party as to the liability in question is the first surety, not a defendant, and the trial court refused his being made a party. The primary question is whether the bond of the instant defendant is a substitute bond. It is my contention that the record facts and the law make…