Crane Co. v. Maryland Casualty Co.
Crane Company (A Corporation) v. Maryland Casualty Company (A Corporation)
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of the City and County of San Francisco
- Trial judge
- J. M. Seawell
- Outcome
- other — The facts are stated in the opinion of the court.
- Area
- civil
- Panel
- Beasly (author), <italic>pro tem.</italic> —
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
The defendant, Maryland Casualty Company, appeals from a judgment in favor of plaintiff upon a statutory bond furnished pursuant to section 1183 of the Code of Civil Procedure by the defendant to the owner of the building that was being erected by Siebert Company, as contractors, and for which the plaintiff, Crane Company, furnished materials.
The sole question in the case is whether or not it was a condition precedent to the recovery by the respondents in this action against appellants upon their bond that the respondent file a claim of lien pursuant to the provisions of the mechanic's lien law. The trial court decided this question in the negative, and in accordance with this answer gave judgment for plaintiff, although plaintiff had filed no such claim. The answer given by the trial court to the question was incorrect and the judgment must, therefore, be reversed, and it is so ordered. (Hubbard v. Jurian, 35 Cal.App. 757, [170 P. 1093].)
Lennon, P. J., and Kerrigan, J., concurred. *Page 88
Cites, in this corpus
- Hubbard v. Jurian Civ. No. 2150. · 1917-12-31
Cited by
- General Electric Co. v. American Bonding Co. of Baltimore L. A. No. 5781. · 1919-07-05