De Costa v. Comfort
Citations
- 80 Cal. 507
- 22 P. 218
- 1889 Cal. LEXIS 946
Syllabus
<p>Chattel Mortgage — Conversion of Mortgaged Property—Liability of Convertor for Mortgage Debt. — One who converts personal property subject to a chattel mortgage is liable to the mortgagee for thet full amount due under the mortgage, including interest and attorney’» fees provided for therein.</p> <p>Id.—Purchaser of Mortgaged Property—Promise to Pay Mortgages Debt. — A purchaser of the mortgaged property from the mortgagor, under an agreement whereby he promises to pay the mortgage debt from the proceeds of its sale, is liable therefor to the mortgagee on his express promise.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that this Court might have remanded the case for a clear finding on a Timberlake factor “[w]ere there not an independently-sufficient basis” for it to affirm the denial of a new trial based on newly discovered evidence
- “[T]he diligence requirement ensures that cases are litigated when the evidence is more readily available to both the defendant and the State, which 19 fosters the truth-seeking process.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Works
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