Legal Opinion
Kuehn v. Don Carlos
California Court of Appeal
Decided February 28, 1935No. Civ. 1334PublishedCited by 5 opinions
1Opinion of the Court
ALLYN, J., pro tem.
In this action for claim and delivery of an airplane, based upon a chattel mortgage giving to the mortgagee the right to possession upon default of the principal obligation, it was set up in defense that the mortgagee had waived the lien of his mortgage by allowing a balance of the principal and interest secured by the mortgage to be included as costs as provided by sections 2969 and 2970 of the Civil Code in a justice court action in which the airplane was levied upon on a writ of execution, and further that the mortgagee was estopped to claim the lien of his mortgage by…
2Cases cited2 opinions
- Maier v. FreemanCalifornia Supreme Court · 1896
- Sousa v. LucasCalifornia Supreme Court · 1909
3Cited by5 opinions
- Quaker Oats Co. v. McKibbenCourt of Appeals for the Ninth Circuit · 1956
- Lee v. MERCHANTS COLLECTION ASSN. OF OAKLANDCalifornia Court of Appeal · 1957
- Kuehn v. Don CarlosCalifornia Court of Appeal · 1939
- People v. FarmerCalifornia Supreme Court · 1956
- The Quaker Oats Company, a Corporation v. W. E. McKibben A. B. Carter, O. R. Lewis and Charley Geers, the Quaker Oats Company, a Corporation v. Charley GeersCourt of Appeals for the Ninth Circuit · 1956