# Eastin v. Bank of Stockton

> California Supreme Court · November 22, 1884 · 66 Cal. 123

URL: https://www.frixlaw.com/law-library/cases/5441876

## Case

- **Full name:** A. EASTIN v. THE BANK OF STOCKTON
- **Court:** California Supreme Court
- **Decided:** November 22, 1884
- **Citations:** 66 Cal. 123; 4 P. 1106; 1884 Cal. LEXIS 709
- **Precedential status:** Published
- **Opinion:** Concurrence by Morrison
- **Judges:** Morrison, Ross, Thornton
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5441876

## Opinion text

Morrison, C. J., concurring
-In his charge to the jury the court said: “ I charge you that it will be your duty to allow him (the plaintiff) all that he paid out and expended in the defense of the former suit, both counsel fees and all other expenses paid out by him ; and in addition thereto you may award such damages, in all not exceeding five thousand six hundred dollars, by way of exemplary or punitive damages.”
I think the foregoing instruction erroneous. The jury was told that they should allow the plaintiff all that he paid out and expended in the defense of the former suit. The allowance in this respect should have been confined to such an amount as was reasonably laid out and expended.
Without expressing any opinion on other points decided in the main opinion, I concur in the reversal of the judgment on the ground above stated, and I think the action maintainable.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5441876. Public record. Not legal advice.