Tischhauser

This is an appeal from a judgment in favor of defendant, the action being one instituted by plaintiff against defendant on an alleged agreement to indemnify plaintiff and the New Amsterdam Casualty Company of New York against loss suffered in executing "a bail bond to secure the appearance of one Henry Simon before the justice’s court of the fourth township of Fresno County, wherein Henry Simon was charged with, “manufacturing intoxicating liquor” and “possessing apparatus for the manufacturing of intoxicating liquor,” and who failed to appear for preliminary examination on the former and trial on the latter charge.

The second amended complaint alleges that one Henry Simon was arrested under a complaint charging Mm with the manufacture of intoxicating liquor, also under another complaint charging him with possessing apparatus for the manufacure of intoxicating liquor, and that he was admitted to bail in the sum of $750 under the first charge and in the sum of $250 under the second charge; that for the purpose of securing the release of Henry Simon the defendant Leo Jarvis and Henry Simon executed and delivered to this plaintiff, E. A. Tisehhauser, a certain indemnity agreement,…