Dillon v. Lineker
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action at law by Norvena Lineker and Frederick V. Lineker against Mary J. Dillon (formerly Mary J. Tynan) and Thomas -B. Dillon. Judgment for plaintiffs, and defendants bring error.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Action at law by Norvena Lineker and Frederick V. Lineker against Mary J. Dillon (formerly Mary J. Tynan) and Thomas -B. Dillon. Judgment for plaintiffs, and defendants bring error. The defendants in error were the plaintiffs in an action in the court below, in which they alleged that on or about June 20. 1910, Norvena Lineker, then Norvena Svensen, at the request of the plaintiff in error Mary ,T. Dillon, borrowed §2,850 from one MeColgan, to secure…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The case comes to this court upon the judgment roll and without a bill of exceptions. The plaintiffs in error contend that upon the allegations of the complaint the amount in controversy was but $2,850 and interest, and that therefore the court below was without jurisdiction. It is true that in general, where a contract to pay a specific sum of money is broken, the damages are measured by the sum stipulated to be paid; but the rule is otherwise “where the obligation to pay money is special, and has reference to objects other than the mere discharge of a…
2Cases cited7 opinions
- Van Maren v. JohnsonCalifornia Supreme Court · 1860
- Bixby-Theisen Co. v. EvansSupreme Court of Alabama · 1911
- Henley v. WilsonCalifornia Supreme Court · 1902
- In re All Star Feature Corp.District Court, S.D. New York · 1916
- Scheele v. Lafayette BankMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Forsythe v. PaschalArizona Supreme Court · 1928
- Albany National Bank of Laramie v. DodgeWyoming Supreme Court · 1930