Baker v. Bartol

Citations

• 7 Cal. 551

Syllabus

<p>Where plaintiff filed a bill in equity for the appointment of a receiver and other relief, and the Court refused to appoint a receiver on condition that defendant file a bond to account as receiver, which defendant did, a judgment for twenty thousand dollars was rendered against defendant in this suit, and proper demand being made and refused, suit was brought by plaintiff on the bond, which was made payable to the People of the State of California: Held, that the plaintiff could recover thereon.</p> <p>The defendant having received the benefit of this bond, is estopped from denying its legality.</p> <p>A plaintiff being the real party in interest, has a right to sue upon the bond, though made payable to the People of the State.</p>