Hoare v. Hindley
California Supreme Court
Appeal from the District Court, Eighth Judicial District, County of Humboldt. Action to recover the value of eighty head of cattle alleged to have been converted by the defendant. The parties were partners in a band of about six hundred cattle, which they pastured on the public range in the mountains in Humboldt County. In June, 1869, they dissolved the partnership, and corralled all the cattle they could then find.
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Appeal from the District Court, Eighth Judicial District, County of Humboldt. Action to recover the value of eighty head of cattle alleged to have been converted by the defendant. The parties were partners in a band of about six hundred cattle, which they pastured on the public range in the mountains in Humboldt County. In June, 1869, they dissolved the partnership, and corralled all the cattle they could then find. It was agreed that they should divide the cattle, Hindley taking two thirds and Hoare one third. The partnership brand was H H, and there was also a partnership ear-mark. At the…
1Opinion of the Court
By the Court, McKinstry, J.:
The evidence in respect to the terms of the agreement under which the cattle were divided was conflicting in a substantial degree, and the Court below was satisfied with the verdict. We do not feel authorized to set it aside.
The contract, as testified to by the plaintiff, was not in violation of the statute of frauds. All that was to be done under it was to be done within one year. There was no competent evidence of any misconduct on the part of the jury except the affidavit of the defendant, taken before Buck, the Notary Public. The District Court properly…
2Cases cited1 opinion
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
3Cited by4 opinions
- Flood v. McClureIdaho Supreme Court · 1893
- Hunt v. ElliottCalifornia Supreme Court · 1888
- Pawnee Ditch & Improvement Co. v. AdamsColorado Court of Appeals · 1891
- Pawnee Ditch & Improvement Co. v. AdamsColorado Court of Appeals · 1891