Lothrop v. Golden

Citations

• 6 Cal. Unrep. 284
• 57 P. 394
• 1899 Cal. LEXIS 1169

Syllabus

<p>Pleading—Ambiguity.—A Judgment will not be Reversed for alleged ambiguity in the complaint where it appears from defendant’s answer that he was not thereby misled to his prejudice.</p> <p>Parties—Misjoinder.—Where a Complaint Does not Show that a party is improperly joined as a defendant, his remedy is by answer, and not by a demurrer for misjoinder of parties.</p> <p>Trover—Misjoinder of Actions.—Where, in an Action for Conversion, Plaintiff claims damages for malicious acts of defendants in tearing down fences and buildings where the property was situated, there is not a misjoinder of causes of action;'complainant’s intention being to bring the case within Civil Code, section 3294, allowing exemplary damages where defendant has been guilty of oppression and malice.</p> <p>Trover—Damages.—In. an Action for the Conversion of Grain, there was evidence that it was forcibly taken in the absence of the owner, and over the protest of his wife; that defendants were twice arrested to prevent their taking it, but they obtained their release and returned to the premises. Held, that a verdict allowing plaintiff damages for grain taken, fpr time and money expended in pursuit thereof, and for the malicious taking, was proper, there being sufficient evidence as to the amounts of such damages given.</p> <p>Trover—Instructions.—In an Action for Conversion, it is not error to deny defendant an instruction as to the doctrine of commingling of goods, where there was no evidence thereof.</p> <p>Trover—Instructions.—In an Action for the Conversion of Grain, a part of which plaintiff alleged to have been recovered, and as to which he sought relief only for money expended in pursuit, an instruction that the jury, in estimating the damages, should find the value of the grain at the time Of the taking, is not erroneous, as misleading them into believing that damages for the value of the grain returned could be recovered.</p> <p>Trover—Exemplary Damages.—In an Action for Conversion, an e