Reports of Cases Determined in the District Courts of Appeal of the State of California, Band 65Bancroft-Whitney Company, 1925 |
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action affirmed agreed agreement alleged amount answer appellant application attorney authority cause charge Civil claim Code committed Company complaint conclusion condition considered constitution contained Continued contract corporation County criminal damages defendant denied determine direct district easement effect entered entitled error evidence executed existence facts favor filed finding follows further give given ground held instruction intent interest issue Jones Judge judgment jury knowledge land matter ment mortgage motion motor necessary notice objection officers operation opinion owner paid parties partnership payment person plaintiff possession presented prior proceeding prosecution purchase question reason record referred refused respondent road rule statement statute streets sufficient Superior Court supreme court taken testified testimony thereof tion trial court Vehicle witness
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Seite 532 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Seite 490 - ... delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Seite 81 - The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud and mistake.
Seite 191 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.
Seite 174 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Seite 92 - Fraud, indeed, in the sense of a court of equity properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust, or confidence, justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another.
Seite 511 - In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
Seite 497 - A deceit, within the meaning of the last section, is either: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; 3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or, 4.
Seite 532 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Seite 166 - That if the loss, damage or injury complained of was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery.