Hoppe v. Robb

1 Cal. 373

• Court: California Supreme Court
• Decided: April 15, 1851
• Status: Published

Opinion

By the Court,

BeNNett, J.

The action was for money loaned. The question for determination at the trial was whether the money was advanced as a loan, or by way of subscription for the purpose of establishing a newspaper at San José. There was conflicting evidence upon this point, and the judge of the district court found that the money was advanced as a subscription.

"We bare frequently held that we would not review the verdict of a jury upon a question of fact, where there was conflicting or contradictory evidence, upon which the verdict was based. The same rule applies to the finding of a judge, to whom a question of fact is submitted, and upon which he has passed. The j udgme-nt in this cause must, therefore, be affirmed.

Ordered accordingly.