Dolbeer v. Livingston

Citations

• 100 Cal. 617
• 35 P. 328
• 1893 Cal. LEXIS 842

Syllabus

<p>Bond—Charter Party of Steamer—Unauthorized Filling of Blanks— Ignorance of Owner—Estoppel of Surety.—A surety who signs a bond with the expectation and understanding that his principals were seeking to obtain a charter party of a steamer and expected to charter one from the managing owner thereof, who was known to all the parties as such owner, is estopped, as against such owner who receives the bond in good faith, without knowledge or reason to suspect that it was not properly executed, to deny that the bond was a valid instrument because the blanks for the names of the steamer and the managing owner were not filled up when he executed it, but were filled in by his principals without express authority.</p> <p>Id. —Suffering of Innocent Persons—Maxim—Negligence. —When one of two innocent persons must suffer by the acts of a third, he by whose negligence it happened must be the sufferer.</p> <p>Id.—Estoppel in Pais.—Where a person by word or conduct induces another to act on a belief in the existence of a certain state of facts, he he will be estopped as against him to allege a different state of facts.</p>