Legal Opinion

Roberts v. Donovan

California Supreme Court

Decided June 30, 1886No. 9069PublishedCited by 28 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order •refusing a new trial. The facts are stated in the opinion of the court, and the opinion of Commissioner Searls.

1Opinion of the CourtRoss, J.

As far as it goes, we are satisfied with the' opinion delivered when this case was pending in Department, which will therefore stand as the opinion of the court upon the question therein discussed.

But it is proper also to decide whether the sureties upon the bond sued on were released by the conduct of the plaintiffs. The bond, as stated in the opinion already delivered, was executed by defendant Tobin as principal, and defendants Donovan and McGrath as sureties, to the plaintiffs, conditioned for the faithful performance by Tobin of a contract with plaintiffs by which he became their San…

2Cases cited11 opinions

  1. Gillespie v. . TorranceNew York Court of Appeals · 1862
  2. Springer v. . DwyerNew York Court of Appeals · 1872
  3. Hobbs v. DuffCalifornia Supreme Court · 1863
  4. Chase v. EvoyCalifornia Supreme Court · 1881
  5. Xenia Branch Bank v. LeeThe Superior Court of New York City · 1858

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3Cited by28 opinions

  1. Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
  2. Sumitomo Bank of Cal. v. IwasakiCalifornia Supreme Court · 1968
  3. Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
  4. Artophone Corporation v. CoaleSupreme Court of Missouri · 1939
  5. MacIejczak v. BartellWashington Supreme Court · 1936

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