Colsky v. Eyres Storage & Distributing Co.

This action, when finally submitted to the trial court, presented the situation of a plaintiff suing upon certain bonds secured by a trust deed, but, having waived the security, the plaintiff sought only a money judgment against the mater.' The case was tried to the court, resulting in a money judgment against the principal defendant (the maker) in the amount demanded. Both the maker of the bonds and the trustee, who was dismissed, feeling aggrieved by the judgment, have appealed. No motion to dismiss the appeal of the trustee has been interposed, and we shall assume, without deciding, that…