Dreyfous v. Adams

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

Action to recover a piano and damages for its detention, or the value thereof if a return could not be had. The piano was alleged by the complaint to be worth five hundred and fifty-five dollars, and the damages were laid at one thousand dollars. The attorneys stipulated in open Court that the jury, if they found for the plaintiff, might assess the damages in currency.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

How this case has been cited

Cited by 5 later decisions — most recently August 1913

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court, Crockett, J.:

¶1The stipulation of counsel in open Court authorized the jury to asses the damages in currency if they found for the plaintiff, and the. defendant is estopped from raising an objection to the verdict on that ground. Nor can he complain of the action of the Court, in requiring the plaintiff to remit a portion of the damages, as a condition on which the . defendant’s motion for a new trial would be denied. The Court certainly inflicted no injury upon the defendant in requiring the plaintiff to remit a part of the damages. The appeal is frivolous.

¶2Judgment affirmed, with fifteen per cent, damages. Remittitur forthwith.