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Caulfield v. Sanders

Supreme Court of California
Apr 1, 1861
17 Cal. 569 (Cal. 1861)

Summary

In Caulfield v. Sanders, 17 Cal. 569, the suit was upon an indebtedness alleged to be due from the defendant, who was an attorney at law.

Summary of this case from Melone v. Ruffino

Opinion

[Syllabus Material] [Syllabus Material]          Rehearing Denied 17 Cal. 569 at 573.

         Appeal from the Sixth District.

         COUNSEL:

         L. Sanders, Jr., for Appellant.

          Coffroth & Waters, for Respondent.


         JUDGES: Field, C. J. delivered the opinion of the Court. Cope, J. concurring.

         OPINION

          FIELD, Judge

         On petition for rehearing, Field, C. J. delivered the opinion of the Court--Cope, J. concurring.

         Petition for rehearing. The objection taken to the instruction given by the Court, of its own motion, is more technical than substantial. It could not have prejudiced the defendant. There was no conflicting evidence in the case; and that produced, considered in connection with the answer, necessarily led to the result arrived at by the jury. (See Terry v. Sickles , 13 Cal. 427.)

         The counsel for the petitioner is mistaken in supposing the verdict was rendered for one sum, and the judgment entered for another and greater sum. That portion of the transcript to which he refers is contradicted by the verdict itself, which accompanies the record.

         Rehearing denied.


Summaries of

Caulfield v. Sanders

Supreme Court of California
Apr 1, 1861
17 Cal. 569 (Cal. 1861)

In Caulfield v. Sanders, 17 Cal. 569, the suit was upon an indebtedness alleged to be due from the defendant, who was an attorney at law.

Summary of this case from Melone v. Ruffino

In Caulfield v. Sanders, 17 Cal. 570, it was held that one partner might transfer a partnership account to a third party, and we see no reason why the same rule does not apply in the present case; but we think it sufficient to say that the other members of the firm are not here objecting to the assignment; and, as against all parties standing in the position of these respondents, we think it sufficient.

Summary of this case from The Pacific Mut. Life Ins. Co. v. Fisher
Case details for

Caulfield v. Sanders

Case Details

Full title:CAULFIELD v. SANDERS

Court:Supreme Court of California

Date published: Apr 1, 1861

Citations

17 Cal. 569 (Cal. 1861)

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