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" 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 - Page 227
1891
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The Civil Code of the State of California, as Enacted in 1872: Amended at ...

California - 1876 - 626 pages
...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...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1876 - 612 pages
...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...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 422 pages
...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...
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The Pacific Reporter, Volume 14

1887 - 956 pages
...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...
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Lawyers' Reports Annotated, Book 12

1891 - 932 pages
...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,...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1892 - 780 pages
...jury to give the plaintiff interest on his recoverv, without submit; ting it to their discretion. " In an action for the breach of an obligation not arising from contract, * * . * inter' est mav be given in the discretion of the jury." Section 4578, Comp. Laws. Judgment...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 47

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1917 - 912 pages
...not confine the recovery of exemplary damages to actions for the conversion of the property. It says, 'In an action for the breach of an obligation not arising from contract,' which is certainly broad enough to include both the actions above referred to." And this seems to be...
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - 1903 - 1240 pages
...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,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 32

Montana. Supreme Court - 1905 - 762 pages
...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,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 106

California. Supreme Court - 1906 - 846 pages
...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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