Herrick v. Hodges

Citations

• 13 Cal. 431

Syllabus

<p>Where one, having a claim to collect, agreed with another to take his claim against the. common debtor and treat it as his own in any suit brought for the debt, costs and expenses to be shared pro ruta, and, afterwards, prosecuted both claims to judgment in his own name, and in his own name bought the property of the defendant on execution sale and left it with an agent tor sale, he is not liable to an action for money had and received, or in indebitatus assumpsit.</p> <p>For gross negligence or bad faith he would he responsible in a different form of action.</p>