Benzler v. Van Fleet
California Court of Appeal
APPEAL from a judgment of the Superior Court of Fresno County and from an order denying a new trial. George E. Church, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtRichards, J.
This is an appeal from a judgment and order denying a new trial in an action brought to recover the possession of seven head of cows, delivered by the plaintiff to the defendant to be pastured for hire, or to recover their value in case their return could not be had.
The chief defense to the action was that the cows had died or strayed away and been lost during the period of their bailment through no fault of the defendant. The trial court rendered judgment in favor of the plaintiff in accordance with the prayer of his complaint, fixing the value of the cattle at the sum of two hundred and…
2Cases cited2 opinions
- Faulkner v. First National BankCalifornia Supreme Court · 1900
- New Liverpool Etc. Co. v. Western Etc. Co.California Supreme Court · 1907
3Cited by6 opinions
- Sawtelle v. Cosden Oil & Gas Co.Supreme Court of Kansas · 1929
- Commercial Credit Co. v. PeakCalifornia Supreme Court · 1924
- American National Bank v. LipeSupreme Court of Kansas · 1927
- Waterhouse-Wilcox Co. v. Betz & MabreyCalifornia Court of Appeal · 1925
- Dvorak v. AverySupreme Court of Iowa · 1929
1 more not listed; retrieve them via the Exa API.