Mulford v. Estudillo

Citations

• 17 Cal. 618

Syllabus

<p>A bond, being under seal, imports a consideration, if there be nothing in its terms which negatives this' conclusion. And where a bond, dated twenty-ninth of August, 1857, recited that: “Whereas the undersigned have this day, by deed bearing date and executed this twenty-ninth August, 1857, entered into an agreement with divers persons at present occupying portions of the Bancho San Leandro, respecting said rancho, and to adjust difficulties between said persons and the undersigned; and there is pending an appeal from the Circuit Court of the United States for the District of California to the Supreme Court of the United States in the case of C. Boyreau v. R. Campbell et at., said persons, parties to said agreement of this date, being party defendants thereto. How, therefore,” etc.—the obligors binding themselves to hold harmless the defendants in said suit from damages and costs on appeal, and to carry out the agreement : Held, that this recital does not show or tend to show that the bond was made upon a past and executed consideration—to wit: the agreement—and is, therefore, void.</p>