Coffee v. Tevis
California Supreme Court
Appeal from the Fourth District. The substance of the complaint is, that on the thirty-first of July, 1858, Lloyd Tevis recovered, in the Fourth District Court, of San Francisco, a judgment for $10,022.80, with interest at three and one-half per cent, per month, from the sixteenth of July, 1858, with costs, etc., against the plaintiff Coffee and the defendant Greene; that the judgment was paid off and satisfied by Greene, but that the defendants contrived to give it the…
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Appeal from the Fourth District. The substance of the complaint is, that on the thirty-first of July, 1858, Lloyd Tevis recovered, in the Fourth District Court, of San Francisco, a judgment for $10,022.80, with interest at three and one-half per cent, per month, from the sixteenth of July, 1858, with costs, etc., against the plaintiff Coffee and the defendant Greene; that the judgment was paid off and satisfied by Greene, but that the defendants contrived to give it the appearance of being unpaid, and caused a colorable, fictitious and fraudulent assignment to be made from Tevis to defendant…
1Opinion of the Court
Cope J. delivered the opinion of the Court
Field C. J., concurring.
We think the judgment in this case was not authorized by the complaint. The suit was brought to enjoin the enforcement of a judgment recovered by defendant Tevis against the plaintiff and the defendant Greene. It is alleged that Greene paid to Tevis the amount of this judgment, and that he procured an assignment of it to the defendant Vassault, who is proceeding to enforce it against the plaintiff. The Cóurt below granted the relief asked. According to the complaint, Vassault was the mere agent of Greene, and we shall treat the…
2Cases cited1 opinion
- Ritter v. StockCalifornia Supreme Court · 1859
3Cited by7 opinions
- Williams v. RiehlCalifornia Supreme Court · 1899
- Woolley v. SeijoCalifornia Court of Appeal · 1964
- Campbell v. PopeSupreme Court of Missouri · 1888
- Tompkins v. PowersCalifornia Court of Appeal · 1930
- Merchants National Bank v. Great Falls Opera House Co.Montana Supreme Court · 1899
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