Johnson v. Powers
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Alameda, and from an order refusing a new trial. The action was to restrain the transfer by defendant of a promissory note made to him for a part of the purchase price of two newspaper establishments and other personal property sold to the plaintiff. The injunction was asked on the ground of alleged fraud and misrepresentation by the defendant.
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Appeal from a judgment of the Superior Court of the county of Alameda, and from an order refusing a new trial. The action was to restrain the transfer by defendant of a promissory note made to him for a part of the purchase price of two newspaper establishments and other personal property sold to the plaintiff. The injunction was asked on the ground of alleged fraud and misrepresentation by the defendant. After several demurrers had been heard and disposed of, the defendant filed an amended answer, and a cross-complaint to foreclose a chattel mortgage executed by the plaintiff to secure…
1Opinion of the Court
The Court.
1. Appellant claims that the court below had no power to set aside the verdict of the jury, and to find the facts.
The substituted cross-complaint contains a statement of facts constituting a cause of action in equity. It was a complaint to foreclose a mortgage of personal property given to secure the payment of a promissory note therein set forth. The court was justified in treating the findings of the jury as advisory only.
2. By the verification of the original complaint the plaintiff made its statements his own. As an amended complaint had been substituted for the original, the…
2Cases cited3 opinions
- Mecham v. McKayCalifornia Supreme Court · 1869
- Niles v. CulverNew York Supreme Court · 1850
- Filkins v. WhylandNew York Supreme Court · 1856
3Cited by31 opinions
- Meyer v. State Board of EqualizationCalifornia Supreme Court · 1954
- Germain Fruit Co. v. J. K. Armsby Co.California Supreme Court · 1908
- Clavey v. LordCalifornia Supreme Court · 1891
- Penziner v. West American Finance Co.California Court of Appeal · 1933
- Collins v. ScottCalifornia Supreme Court · 1893
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