In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example... The Northwestern Reporter - Página 2271891Visualização integral - Acerca deste livro
| California - 1876 - 626 páginas
...debtor is prevented by law, or by the act of the creditor, from paying the debt. 57 Ual. 356. § 3288. In an action for the breach of an obligation not arising...contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. § 3289. Any legal rate of interest... | |
| California - 1876 - 612 páginas
...time as the debtor is prevented by law, or by the act of the creditor, from paying the debt. § 3288. In an action for the breach of an obligation not arising from contract, and in every case of oppression, frand, or malice, interest may be given, in the discretion of the jury. § 3289. Any legal rate of... | |
| New York (State). - 1885 - 422 páginas
...act of the creditor or, in the absence of fault on his part, by law, from paying the debt. § 2911. In an action for the breach of an obligation not arising...contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the §2912. Any legal rate of interest stipulated... | |
| 1887 - 956 páginas
...interest be allowed under section 3288, Civil Code; for interest under this section can only be allowed for the breach of an obligation not arising from contract, and in case of oppression, fraud, or malice. If plaintiff shows any caso at all, it is for breach of an obligation... | |
| 1891 - 932 páginas
...the jury to give the plaintiff interest on his recovery, without submitting it to their discretion. "In an action for the breach of an obligation not arising from contract, . . . interest may be given in the discretion of the jury." Сотр. Laws, § 4578. Judgment reversed,... | |
| California - 1903 - 1240 páginas
...Note. § 3287. Supp. Cal. Eep. Git. 141, 697. § 3294. Exemplary damages, in what cases allowed. IB an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff,... | |
| Montana. Supreme Court - 1905 - 762 páginas
...the theory that section 4281 of the Civil Code was applicable to the facts of this case. That section reads as follows: "In an action for the breach of...from contract, and in every case of oppression, fraud or malice, interest may be given, in the discretion of the jury." Counsel for appellant contend that,... | |
| California. Supreme Court - 1906 - 846 páginas
...nomine; but our code limits the discretion of the jury in this regard. Section 3288 of the Civil Code is as follows: "In an action for the breach of an obligation...contract, and in every case of oppression, fraud, or malice, interest may be given in the discretion of the jury." Considering these several code provisions... | |
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