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Reports of Cases Determined in the District Courts of Appeal of the State of California Volume 1

Reports of Cases Determined in the District Courts of Appeal of the State of California Volume 1


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... CONVERSION. 1. Conversion Of Cattle--Agency--Title Of Principal--AttachMent And Sale In Hands Of Agent.--In an action for the conversion of cattle by the defendant, where it appears from the evidence that plaintiff employed an agent to buy and sell cattle, whose compensation ont of the profits was to be applied to pay the agent's debt to the plaintiff, the plaintiff's title is established, and an attachment of the cattle in the hands of the agent, and a sale thereof to the defendant as the agent's property, for a debt of the agent to the defendant, established a conversion, entitling the plaintiff to recover. (Nieholls v. Mapes, 349.) 8. Purchase Without Disclosing Principal.--The fact that the agent purchased the cattle in controversy from a third party without disclosing the principal, the purchase having been made out of the funds of the principal, cannot affect the title of the principal against third parties. (Id.) 3. Improfer Damages For Pursuit Of Proferty--Attorney's Fees--Cost Of Depositions.--Attorney's fees are not recoverable in an action for conversion, as damages incurred in the pursuit of the property under section 3336 of the Civil Code, nor as costs in the action. The cost of taking depositions forms no part of the damage, and should be determined in the cost-bill. (Id.) Waiver Of Tort--Assumpsit.--Where personal property has been wrongfully taken and converted, the owner has his election to sue in tort for the conversion or he may waive the tort and sue in assumpsit, on an implied contract to pay the -easonable value of the property. (Fountain v. City of Sacramento, 461.) See Judgment, 9. CORPORATIONS. L Action Against Foreign Corporation--Statute Of Limitations--Failure To Designate Agent.--Under the act of 1872, and the act of 1899 ...


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Product Details
  • ISBN-13: 9781154188219
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 326
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1154188213
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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