Ehrlich v. Ewald
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a motion by the plaintiff for judgment on the findings, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the Court
The Court
-The court below found that defendant was indebted to plaintiff, for money loaned, to secure the payment whereof defendant had delivered to plaintiff certain personal property, which property is still held by plaintiff, who had *98taken no steps to subject the same to sale for the payment of the debt. The action had been brought to recover judgment for the amount due, with interest.
The defendant insists that according to Sec. 726, C. C. P., the action cannot be maintained: that the plaintiff must first seek to enforce his lien before he can have an independent action for money. This…
2Cases cited1 opinion
- Sonoma Valley Bank v. HillCalifornia Supreme Court · 1881
3Cited by14 opinions
- Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
- Trower v. City and County of San FranciscoCalifornia Supreme Court · 1910
- Herbert Kraft Co. v. BryanCalifornia Supreme Court · 1903
- Hawley Bros. Hardware Co. v. BrownstoneCalifornia Supreme Court · 1899
- Campbell v. PeterUtah Supreme Court · 1945
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