Hirschfield v. Franklin
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. This was an action against L. A. Franklin and A. Dyer to recover the sum of $5,000, the value of certain goods consigned to them by plaintiff to be sold on commission, and which the complaint alleges they have sold, and for the proceeds of which they have failed to account.
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Appeal from the District Court of the Fourth Judicial District. This was an action against L. A. Franklin and A. Dyer to recover the sum of $5,000, the value of certain goods consigned to them by plaintiff to be sold on commission, and which the complaint alleges they have sold, and for the proceeds of which they have failed to account. The complaint also joins as parties defendant one Hyam Joseph, against whom, it alleges that the defendant Franklin, in his individual name, has recovered judgment for the purchase money of a portion of the consigned goods, and also the sheriff, in whose hands…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
1. The cognovit was good as an admission in pais after answer filed. It might be different if the cognovit was set aside by the Court, upon good cause shown, but such was not the fact here. For aught that we can tell from the record, the cognovit may have been given after answer filed.
2. If judgment had been entered on the cognovit, and by its authority, then the amount acknowledged would have been the sum of the judgment. But where upon declaration and answer denying the facts alleged, the acknowledgment is used as evidence, interest…
2Cited by1 opinion
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