Grant v. Heverin
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. On March 11, 1878, an action was begun by John Hughes against M. Heverin, in which an attachment was issued, and a bond was given by the defendant as security for the satisfaction of any judgment that might be recovered therein, in consideration of the release of the property attached.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. On March 11, 1878, an action was begun by John Hughes against M. Heverin, in which an attachment was issued, and a bond was given by the defendant as security for the satisfaction of any judgment that might be recovered therein, in consideration of the release of the property attached. On March 11, 1878, the plaintiff sold his interest in the bond and cause of action to John Grant, and at Ms request assigned the same to Michael Mullany, who prosecuted the action to…
1Opinion of the CourtSharpstein, J.
That John Hugnes, if he had not assigned the undertaking sued on in this action, might have maintained an action against the defendants, is not disputed. But before any action was' brought on it, Hughes assigned it to Mullany and Mullany to the plaintiff herein.
The assignment from Hughes to Mullany was made at the instance and request of John Grant, since deceased, *265who paid the consideration thereof. After the death of John Grant, Mullany assigned to the plaintiff, who occupies, in our opinion, the same position that Mullany would have occupied if he had not assigned. We think that Mullany…
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