Pelberg v. Gorham

Citations

• 23 Cal. 349

Syllabus

<p>A complaint (where there is more than one plaintiff), in an action to recover damages for the alleged seizure of goods, which avers, that the defendant took and carried away “certain goods, chattels, and effects, of and belonging to the said plaintiffs,” does not necessarily aver a joint ownership of the goods in the plaintiffs ; but would be sustained by proof that the plaintiffs owned the property as partners, or as tenants in common, and that their respective interests therein were very unequal.</p> <p>Defendant, Gorham, as Sheriff, levied on goods claimed by the plaintiffs. After suit had. been brought, one of the attaching creditors procured a release from one of the plaintiffs, executed in the name of both, of all actions and causes of action, etc.: held, that if this release was obtained by fraud, it was void, and the Sheriff could derive no advantage from it, although he was not implicated in, and knew nothing of the fraud.</p> <p>In an action against a Sheriff for damages for the wrongful seizure of goods, the true measure of damages is, the value of the goods at the time of the taking.</p>