Opinion

Perkins v. Benguet Consolidated Mining Co.

  • 55 Cal. App. 2d 720
  • 132 P.2d 70
  • 1942 Cal. App. LEXIS 123
Court
California Court of Appeal
Filed
Nov 30, 1942
Status
Published
Author
Knight
On the bench
Peters, Knight
Cited by
66 cases

“Where a situation arises which so obviously calls for application of the doctrine of res judicata ... definitions of ‘privies’ and ‘privity’ drawn from other situations do not constitute an obstacle to reaching a sound result.”

How later courts described this case

  • “Where a situation arises which so obviously calls for application of the doctrine of res judicata ... definitions of ‘privies’ and ‘privity’ drawn from other situations do not constitute an obstacle to reaching a sound result.”
  • Dominican law applied in Puerto Rico

Written by the judges who cited it.

The opinion

KNIGHT, J., Dissenting.

It is my conclusion that the defendant’s petition for rehearing should be granted in order to reconsider that portion of our decision dealing with the question of the application of the defenses of estoppel and election of remedies, insofar as those defenses affect the defendant company’s liability for the payment to plaintiff of the amount of the dividends which admittedly said company has already paid to plaintiff’s husband. Furthermore, our decision affirming that portion of the trial court’s judgment is based largely upon the assumption that the trial court found that in making such payments said company did not act “in good faith reliance on any of the Philippine adjudications, or transactions”; whereas as pointed out by the petition for rehearing the record does not support that assumption. The trial court’s decision contains no finding that in making said payments the company did not act in good faith, nor did it find that it did not rely on the Philippine judgments and decrees. In fact, so far as the record shows, plaintiff has never charged in any of her pleadings that said company did not act in good faith in making said payments or that it did not rely upon the validity of the Philippine adjudications.

For the reasons stated it is my opinion that a rehearing should be granted.

C Appellant’s petition for a hearing by the Supreme Court is denied January 28, 1943.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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