Roberts v. Donovan

Citations

• 70 Cal. 108
• 11 P. 599
• 1886 Cal. LEXIS 735

Syllabus

<p>Sureties—Discharge from Liability—Principal and Agent.—The sureties on a bond for the faithful performance of the duties of an agent are released from liability for the subsequent defaults of the agent if the principal and agent, without the knowledge or consent of the sureties, materially alter the terms of the contract of agency, or if the principal continues the agent in his employ after knowledge that he has misappropriated money coming into his hands as agent.</p> <p>Pleading—Action against Joint Debtors—Counterclaim—Cause of Action in Pavor of One Defendant.—In an action against two or more joint debtors to enforce their joint liability, the summons being served on all of them, one of the defendants cannot set up by way of counterclaim a cause of action existing in his favor alone against the plaintiff.</p>