Legal Opinion

De Costa v. Comfort

California Supreme Court

Decided September 13, 1889No. 13048PublishedCited by 12 opinions

Appeal from a judgment of the Superior Court of San Joaquin County. The facts are stated in the opinion of the court.

1Opinion of the CourtWorks, J.

This action was brought by the respondent against the appellant to recover the amount due him on a note given by one Hughes, and secured by a chattel mortgage, on the ground that the appellant had converted the mortgaged property to his own use. The court found for the respondent, and rendered judgment in his favor for the amount due under the mortgage, including interest and attorney’s fees, as provided for therein. The appeal is from the judgment, and comes to us on the judgment roll.

The appellant contends that the action being for a tort, the plaintiff could not recover the attorney’s fee,…

2Cited by12 opinions

  1. Hopkins v. AndersonCalifornia Supreme Court · 1933
  2. Roberts v. FitzallenCalifornia Supreme Court · 1898
  3. Eade v. First Nat. Bank of CondonOregon Supreme Court · 1925
  4. Farmers Dev. Co. v. Rayado L. & I. Co.New Mexico Supreme Court · 1923
  5. Capital Lincoln-Mercury v. General Motors Acceptance CorporationDistrict Court of Appeal of Florida · 1958

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