Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 53Bancroft-Whitney, 1923 - Law reports, digests, etc |
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Common terms and phrases
affidavit affirmed agent agreed agreement alleged amended amount Angeles appellant's attorney authority automobile breach cause heard cause of action charged Civil Code Civil Procedure claim Code of Civil commission Company complaint concurred contention contract contributory negligence corporation County court of appeal cross-complaint damages defendant defendant's denied district court eighteenth amendment entitled error evidence execution facts favor fendant filed finding guaranty highway injury issue Judge judgment jury land liability Los Angeles County matter ment mortgage motion municipal negligence opinion owner paid parties payment person petition petitioner plaintiff pleaded possession proceedings promissory note provisions purchase question reason record recover Respondent San Francisco Stats statute statute of frauds street sufficient Superior Court supreme court sureties testified testimony therein thereof tion trial court Volstead Act witness
Popular passages
Page 687 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 234 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 48 - Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted.
Page 386 - A guarantor is exonerated, except so far as he may be indemnified by the principal, if by any act of the creditor, without the consent of the guarantor, the original obligation of the principal is altered in any respect, or the remedies or rights of the creditor against the principal, in respect thereto, in any way impaired or suspended.
Page 48 - ... not in the due and lawful execution of his trust, any property which he has in his possession, or under his control by virtue of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement.
Page 106 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 106 - 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.
Page 319 - The general rule is that the measure of damages is the difference between the contract price and the market value of the goods at the time and place of delivery...
Page 394 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Page 107 - Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him.