Joseph McKenna

“ It would indeed be inequitable to permit appellant to collect more than once the money paid by it, but once, at least, it is entitled,-a result which it seeks by this suit. Having paid money for its principals, it did not 'speculate' out of them by reinforcing their responsibility to it by taking security from Randolph. It was bound by the judgment, which it paid equally with appellees, though on account of them. It was under an absolute duty to pay, but there were contingencies upon which the payment would have to be refunded by Randolph, and to secure itself it took security from him. ”

“ Randolph further agreed as collateral security for the bond that he would deposit, and he did deposit, with the guaranty company, 25,000 shares of the capital stock of the Huntington Beach Company, with the right in the company, if Randolph should not refund the money after the reversal of the judgment by the Supreme Court of the United States, to sell the stock and apply the proceeds to the payment of the amount paid by it, the company. ”

“ There is no dispute about the facts. One Epes Randolph recovered a judgment against the appellees for the sum of $10,528.33, from which they appealed to the supreme court of the territory. They applied to appellant for a bond to be given on appeal to stay the judgment. ”