Hewel

Hewel v. Hogin

Good Law
1906 Cal. App. LEXIS 166·3 Cal. App. 248·84 P. 1002
Court of Appeal of CaliforniaMarch 15, 1906Civ. No. 77.California2,168 words

Opinion

Lead Opinion

McLAUGHLIN, J.

This is an application for a writ of mandate commanding defendant, as' treasurer of Modesto irrigation district, to pay the interest on certain bonds. The petition sets forth the corporate organization and capacity of the district, the official relation of defendant thereto, and his refusal to pay certain interest coupons upon demand, notwithstanding that he had sufficient money in his hands available for such purpose. It appears therefrom that plain tiff is the owner and. holder of four bonds for $500 each, issued by said district on January 1, 1902, bearing interest at the rate of six per cent per annum, and that certain interest coupons attached to said bonds were due and payable at the time demand for payment was made. That he also owns twelve interest coupons .for $15 each, which were detached from bonds for a like sum, bearing interest at the same rate, issued January 1, 1890. The aggregate sum claimed is $1,096.40, of which sum $162.40 is for interest on the interest coupons above mentioned, accruing after said coupons became due and payable. It is alleged generally that the payment of the several sums included in the total demand is a duty resulting from the office held by…

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