Castor v. Bernstein
California Court of Appeal
APPEAL from an order of the Superior Court of the City and County of San Francisco, granting a new trial. John Hunt, Judge. The facts are stated in the opinion of the court. Otto Irving Wise, and Crittenden Thornton, for Appellant.
1Opinion of the CourtHarrison, P. J.
The plaintiff seeks by this action to recover damages from the defendant for the breach of a contract entered into between him and the plaintiff’s assignor. In his answer the defendant sets up several defenses, one of which is that prior to the assignment to the plaintiff his assignor, by an instrument executed by him, released the defendant from all claims arising out of the contract alleged in the complaint.- At the trial the plaintiff offered in evidence, the assignment to him and rested. The defendant then offered in evidence the written instrument of release alleged in his answer. The…
2Cases cited11 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Welton v. MissouriSupreme Court of the United States · 1876
- Domico v. CasassaCalifornia Supreme Court · 1894
- Landers v. BoltonCalifornia Supreme Court · 1864
- Newman v. Overland Pacific Railway Co.California Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Williams v. WallerCalifornia Supreme Court · 1927
- People v. Di GiacomoCalifornia Court of Appeal · 1961
- People v. ChapmanCalifornia Court of Appeal · 1957
- Del Giorgio v. PowersCalifornia Court of Appeal · 1938
- People v. WeiskopfCalifornia Court of Appeal · 1943
8 more not listed; retrieve them via the Exa API.