Swan V. Talbot Case Brief
Swan v. Talbot, Phelan v. Gardner, Marron v. Marron
Case Briefs
Jennifer Beverly
PA205-02
Professor Byron Grim
June 20, 2011
Case Briefs
Citation:
Swan v. Talbot, 152 Cal. 142 (Cal. 1907)
Facts:
George Swan, plaintiff, sold James R. Talbot, defendant, a portion of personal property. Swan was inebriated at the time the deal was prepared. The portion of the property sold to Talbot was valued at $21,949.86. Talbot paid Swan $10,604.32, this included $200 in coin that was paid to Swan at the time of the execution of the bill of sale. Swan sued Talbot to recover his personal property or to be remunerated for the difference. The trial court ordered Talbot to pay $11,345.54. Talbot appealed the judgment and the denial of his motion for a new trial. The appeals court affirmed the trial court order and judgment. A note in the amount of $2,591.96, interest included, was executed by Anderson. Talbot used this amount as collateral security for his indebtedness to the bank. This payment was a debt assumed by Talbot. A petition for rehearing was filed and granted.
Issues:
Did the defendant owe the plaintiff more money, therefore entitling the plaintiff to the total amount of funds that should be paid for the property?
Was the trial court judge biased against the defendant and prejudiced in his order against the plaintiff, therefore requiring a new judge to sit for trial?
Rule:
The court found for a rescission of the instrument, but also found that it was impracticable to decree a restoration and return of the property, it proceeded thereupon to state and settle an account between the parties. Even though such relief was not prayed for in the complaint, a personal monetary judgment was awarded against the defendant for the variation.
It is the duty of a trial judge to hear and determine a motion to call in another judge to try a case if there is the presence of bias against the defendant and his attorneys. While it is his duty to grant the motion
Case Briefs
Jennifer Beverly
PA205-02
Professor Byron Grim
June 20, 2011
Case Briefs
Citation:
Swan v. Talbot, 152 Cal. 142 (Cal. 1907)
Facts:
George Swan, plaintiff, sold James R. Talbot, defendant, a portion of personal property. Swan was inebriated at the time the deal was prepared. The portion of the property sold to Talbot was valued at $21,949.86. Talbot paid Swan $10,604.32, this included $200 in coin that was paid to Swan at the time of the execution of the bill of sale. Swan sued Talbot to recover his personal property or to be remunerated for the difference. The trial court ordered Talbot to pay $11,345.54. Talbot appealed the judgment and the denial of his motion for a new trial. The appeals court affirmed the trial court order and judgment. A note in the amount of $2,591.96, interest included, was executed by Anderson. Talbot used this amount as collateral security for his indebtedness to the bank. This payment was a debt assumed by Talbot. A petition for rehearing was filed and granted.
Issues:
Did the defendant owe the plaintiff more money, therefore entitling the plaintiff to the total amount of funds that should be paid for the property?
Was the trial court judge biased against the defendant and prejudiced in his order against the plaintiff, therefore requiring a new judge to sit for trial?
Rule:
The court found for a rescission of the instrument, but also found that it was impracticable to decree a restoration and return of the property, it proceeded thereupon to state and settle an account between the parties. Even though such relief was not prayed for in the complaint, a personal monetary judgment was awarded against the defendant for the variation.
It is the duty of a trial judge to hear and determine a motion to call in another judge to try a case if there is the presence of bias against the defendant and his attorneys. While it is his duty to grant the motion