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7 Cal. 144

Graham v. Endicott

California Supreme Court

Decided July 1, 1857

California Supreme Court · decided 1857-07-01

This was an action in the Court below against Endicott and his sureties on his bond as sheriff of Nevada county, for refusing to pay over certain moneys collected by him before the expiration of his office.

Decided 1857-07-01

Murray, C. J.,

¶1after stating the facts, delivered the opinion of the Court—Terry, J., and Burnett, J., concurring.

¶2The complaint was demurred to, and the demurrer properly sustained. There was no relation between the present plaintiff and Endicott that would render him officially liable. Although responsible to Adams & Co., he was, so far as the plaintiff is concerned, a mere bailee of Adams & Co., and could only be garnisheed as a private individual.

¶3Judgment affirmed.

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