Lerch v. Gallup

Citations

• 67 Cal. 595
• 8 P. 322
• 1885 Cal. LEXIS 703

Syllabus

<p>Indemnity—Verdad Promise—Sureties — Statute of Mauds—Consideration. —The defendants were sureties on an undertaking to stay execution on an appeal from a judgment of a Justice’s Court. The appeal having been dismissed, they requested the plaintiff, a constable, to levy execution upon and sell certain personal property which they represented belonged to the j udgment debtor, and verbally promised to indemnify him for any damage ho might sustain by reason of the levy and sale, should they prove to be wrongful. The plaintiff, in consideration of such promise, levied upon and sold the property and thereby satisfied the judgment. Held, that the promise was founded upon a sufficient consideration, and was not within the Statute of Frauds.</p> <p>Id.—Execution Issued without Authobity of Judgment Cbeditob—Batifioation.—The execution was issued at the request of the sureties, but the money arising from the sale was received by the judgment creditor in satisfaction of the judgment. Held, that the receipt of the money was a ratification of the act of the sureties.</p>