De Casteele v. Cornwall

5 Cal. 419 | Cal. | 1855

Heydenfeldt, J., delivered the 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.