Nevin v. Thompson

Citations

• 4 Cal. Unrep. 390
• 35 P. 160
• 1893 Cal. LEXIS 1112

Syllabus

<p>Bond to Secure Note—Action to Enforce—Pleading.—A complaint averred that defendant T. gave to plaintiff a note for $700; that, six months afterward, defendants D., as principal, and S. and 0., as sureties, gave T. a $3,000 bond, which was set out, conditioned that whereas T. and T. J. O. (who was not made a party) “are now indebted to parties hereinafter named in the sums set opposite each name, and that the purpose of this obligation is to relieve the said T. from any and all liability on said indebtedness, as follows, and we hereby agree to assume and pay the same, to wit, two promissory notes of $700 each, and the interest thereon: .... Now, if the said T. J. C., or any of the parties save and except the said T.,” shall pay such sums, the bond shall be void, etc.; that T. was then indebted to plaintiff on two notes, one of which is the one sued on; and that the only indebtedness from T. to plaintiff was that evidenced by such notes. Held, that such complaint was not subject to a general demurrer, because the bond was to relieve T. from liability on a joint indebtedness of T. and T. J. C., while the debt sued on was T.’s only.</p> <p>Bond to Secure Note—Action to Enforce—Parties.—Nor was such complaint demurrable because T. J. O. was not a party, as he was not a necessary party.</p> <p>Bond to Secure Note—Action to Enforce.—Such Complaint was not defective for uncertainty as to whether the suit was on the note or on the bond.</p>