De Casteele v. Cornwall
California Supreme Court
De Casteele v. Cornwall, 5 Cal. 419 (Cal. 1855)
Heydenfeldt
De Casteele v. Cornwall
Opinion of the Court
Murray, C. J., concurred.
The instrument upon which suit is brought, is not under seal, and is therefoz’e nob the character of security which is required by the statute to be given by Notaries Public.
If it be considered as a good contract at common law, yet as it is payable to the State, and not assigned to the plaintiff, the latter has no right of action in his own name.
Judgment affirmed.
Reference
- Full Case Name
- XAVIER VAN DE CASTEELE v. WILLIAM A. CORNWALL, and HIRAM PEARSON and GEO. SIMPTON, his Sureties
- Cited By
- 1 case
- Status
- Published
- Syllabus
- An instrument not under seal, is not the character of security which is required, by the statute to be given by Notaries Public. If such an instrument be consid red as a good contract at common law, yet, as it is payable to the State, and not assigned to the plaintiff, the latter has no right of action in his own name.