Legal Opinion
Bullard v. His Creditors
California Supreme Court
Decided July 1, 1880No. 7,326PublishedCited by 7 opinions
Appeal from a judgment of the County Court of the County of Butte, discharging the plaintiff from his debts, and from an order denying the motion of the Capital Savings Bank, the opposing creditor, for a new trial. Safford,- J. After the decision in Department, the respondent filed his petition that the appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
McKinstry, J.:
The 17th instruction, given to the jury at the request of counsel for plaintiff, reads as follows:
“ Each of all the charges made against the petitioner depends upon the fact whether he has been guilty of fraud.
“To sustain any or all of said charges you must find him guilty of fraud.
“ As to the evidence necessary to sustain a charge of fraud, the Court instructs you as follows:
*601“The law abhors fraud, but it is unwilling to impute it on slight and trivial evidence, and thereby cast an unjust reproach upon the character of the party against whom it is alleged. Such an imputation is…
2Cases cited1 opinion
- Ford v. ChambersCalifornia Supreme Court · 1865
3Cited by7 opinions
- Liodas v. SahadiCalifornia Supreme Court · 1977
- Virginia Fire & Marine Insurance v. HogueSupreme Court of Virginia · 1906
- Eade v. ReichCalifornia Court of Appeal · 1932
- In Re Estate of PeaseCalifornia Supreme Court · 1906
- Sierra National Bank v. BrownCalifornia Court of Appeal · 1971
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