March v. Barnet
March v. Barnet
Opinion of the Court
Action to recover $1,400 and interest for the alleged wrongful taking and sale of certain personal property of the plaintiff. Judgment of dismissal was entered as to C. S. Laumeister, one of the defendants. Final judgment was rendered in favor of plaintiff and against defend
In October, 1890, O. B. Button brought an action against Jacob Steen, John Boss and W. F. March, the plaintiff herein, on a promissory note made by said Steen, payable to John Boss or order, and by him indorsed to plaintiff, March, who in turn, before maturity, indorsed the same to Button. A writ of attachment issued in said cause, which was levied upon the property of defendant Jacob Steen. Thereupon S. Barnet and one G. Bowman entered into an undertaking in the sum of $600 for the release of said attached property, as prescribed by section 540 of the Code of Civil Procedure, whereby they undertook and agreed to pay any judgment plaintiff might obtain, etc., whereupon the attached property was released. Plaintiff Button obtained judgment against Steen, as maker of said note, and March, as indorser thereof, for $625.97 and costs, the suit having been dismissed as to defendant John Boss. S. Barnet, one of the sureties on the undertaking for the release of the attached property, paid to Button the judgment in full, amounting to $666.39, and took from Button an assignment of the judgment against Steen and March. Barnet assigned the judgment to Isaac Blum, who in turn assigned it to Joseph Blum. The latter caused an execution to issue thereon, which was levied by the then sheriff, C. S. Laumeister, upon one share or interest of March (a defendant in that action and the plaintiff in this) in and to the schooner John Ingalls, of the value of $1,000, which was sold for $770 to Joseph Blum, who transferred the same to J. H. Jacobs. The defendants, and each of them, had due notice of the relation which said Barnet bore to the judgment, and that he was a surety on the undertaking, at the dates of the several assignments; and their object was to have the property of the plaintiff herein seized in satisfaction of said judgment, to protect Steen against said judgment, and to reimburse Barnet for the amount paid by him to Button, the judgment creditor, upon taking an assignment of the judgment.
We concur: Belcher, C.; Haynes, 0.
For the reasons given in the foregoing opinion the judgment appealed from is affirmed.
Reference
- Full Case Name
- MARCH v. BARNET
- Status
- Published
- Syllabus
- Attachment—Sureties on Bond to Release.—Plaintiff in an action on a note attached the property of one of the defendants, who gave an undertaking for the release of the attached property under the statute. Held, that where plaintiff obtained a judgment on the note against the defendants, it fixed the liability of the sureties on the undertaking, given to release the attachment to the extent of the undertaking. Attachment—Sureties on Bond to Release.—In attachment against two defendants, the property of one only was seized, and an undertaking was executed to release the same. Judgment was recovered on the note sued on, and paid by one of the sureties on the attachment bond. Held, that under Civil Code, section 2848, providing that sureties on satisfying the obligation can enforce every remedy which the creditor then has against the principal, to the extent of reimbursing what he has expended, such surety could enforce the judgment on assignment to him against both of the parties, though the property of one only was attached. Bills and Notes.—Where a Judgment is Recovered Against the Maker and Indorser of a note, and the property of the maker is attached, and the surety on the bond given to release the attachment pays the judgment recovered, and afterward collects the same from the indorser of the note, the only remedy of the indorser is against the maker of the note.