More v. Finger
California Supreme Court
The facts are stated in the opinion of the court. C. A. Storke, for H. J. Finger and E. F. Rogers, Appellants. The actions of replevin and for conversion are improperly joined in the complaint. (Code Civ. Proc., sec. 427; McLaughlin v. Piatti, 27 Cal. 464; Bigelow on Torts, 185; 1 Chitty’s Pleading, 111; 3 Blackstone’s Commentaries, 146, 152.) The plaintiff was not entitled to possession at the commencement of the action, but such right was in the pledgee. (5 Am. & Eng.
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The facts are stated in the opinion of the court. C. A. Storke, for H. J. Finger and E. F. Rogers, Appellants. The actions of replevin and for conversion are improperly joined in the complaint. (Code Civ. Proc., sec. 427; McLaughlin v. Piatti, 27 Cal. 464; Bigelow on Torts, 185; 1 Chitty’s Pleading, 111; 3 Blackstone’s Commentaries, 146, 152.) The plaintiff was not entitled to possession at the commencement of the action, but such right was in the pledgee. (5 Am. & Eng. Ency. of Law, 653-55; 20 Am. & Eng. Ency. of Law, 1050.) A pledgee has a right of possession, and may maintain replevin.…
1Opinion of the CourtHarrison, J.
The plaintiff seeks by this action to recover the possession of a 'certain promissory note, of which she claims to have been deprived through the acts of the defendants, and states in her complaint the following facts as the grounds of her right of recovery. In April, 1894, Thomas W. More, one of the defendants, made his promissory note to his brother, Wallace H. More, who is the husband of the plaintiff. In November, 1894, Wallace More borrowed some money from the defendant Kaeding, and delivered the note to him as security therefor. December 12, 1894, while the note was thus in the…
2Cases cited4 opinions
- Hamilton v. SmithMichigan Supreme Court · 1878
- Place v. . MinsterNew York Court of Appeals · 1875
- Zellerbach v. AllenbergCalifornia Supreme Court · 1893
- City of Boston v. SimmonsMassachusetts Supreme Judicial Court · 1890
3Cited by28 opinions
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- Mox Incorporated v. WoodsCalifornia Supreme Court · 1927
- Bowman v. WohlkeCalifornia Supreme Court · 1913
- Barkett v. BrucatoCalifornia Court of Appeal · 1953
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