Hurd v. Barnhart
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The action was brought against the defendant as surety on an undertaking which had been given in an attachment suit, wherein H. D. C. Barnhart was plaintiff and the plaintiff herein was the defendant. The penalty of the undertaking was four hundrecl dollars, and that amount was claimed as damages in this action.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The action was brought against the defendant as surety on an undertaking which had been given in an attachment suit, wherein H. D. C. Barnhart was plaintiff and the plaintiff herein was the defendant. The penalty of the undertaking was four hundrecl dollars, and that amount was claimed as damages in this action. The plaintiff, at the time of the attachment, was engaged in the dairy and farming business, and his wagons, horses, cows, and other personal property were seized April 11th, 1876, and detained till…
1Opinion of the Court
By the Court :
The Court charged that the measure of damages was what the use of the property was worth to the plaintiff during the time that he was deprived of it; and that in ascertaining the value the jury should consider how the plaintiff could and would have used the property had it not been taken from him.
This was substituting a speculative and peculiar measure of damages for the true rule, which, as applied to the case, was what the use of such property could have been procured for— in other words, the market value—and was erroneous.
The sixth instruction, given at the request of…
2Cited by6 opinions
- Grupe v. GlickCalifornia Supreme Court · 1945
- Atlas Development Co. v. National Surety Co.California Supreme Court · 1923
- Henkel v. Pacific Employers InsuranceCalifornia Court of Appeal · 1956
- Riggle v. JacksonCalifornia Court of Appeal · 1931
- Grupe v. GlickCalifornia Supreme Court · 1945
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