Gay v. Moss
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover the value of a certain con- . tract alleged to have heen converted by defendants Moss and Buttrick, or by defendant Moss.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover the value of a certain con- . tract alleged to have heen converted by defendants Moss and Buttrick, or by defendant Moss. From the admissions of the pleadings and the facts as found by the Court below, it appeared that the facts of the case were as follows: On the 21st of May, 1862, plaintiff made a written contract with certain parties to build them a macadamized road, in San Francisco County, for a stipulated sum. To carry on the undertaking he formed a partnership with…
1Opinion of the Court
By the Court, Sawyer, J.:
Upon the allegations of the complaint and admissions in the answer, and also upon the facts as found by the Court, we think Moss held the contract assigned and delivered to him as security for the payment of the note for three thousand one hundred dollars, as a pledge, and not as a chattel mortgage. The complaint avers that the contract was assigned and delivered “to be by him held as collateral, to secure the payment of the said note and interest as aforesaid,” and the allegation is repeated in various forms, and in one place the averment is: “ that said assignment…
2Cases cited4 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Wilson v. . LittleNew York Court of Appeals · 1849
- Dewey v. BowmanCalifornia Supreme Court · 1857
- Douglass v. KraftCalifornia Supreme Court · 1858
3Cited by13 opinions
- Revert v. HesseCalifornia Supreme Court · 1920
- Bastanchury v. Times-Mirror Co.California Court of Appeal · 1945
- Security Pacific National Bank v. GoodmanCalifornia Court of Appeal · 1972
- Mitchell v. RobertsUnited States Circuit Court · 1883
- Lynip v. Alturas School DistrictCalifornia Court of Appeal · 1914
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