Cobb v. Lepisto
| Decision Date | 08 June 1925 |
| Docket Number | No. 4509.,4509. |
| Citation | 6 F.2d 128 |
| Parties | COBB v. LEPISTO et al. |
| Court | U.S. Court of Appeals — Ninth Circuit |
James Wickersham, of Juneau, Alaska, for plaintiff in error.
J. A. Hellenthal and S. Hellenthal, both of Juneau, Alaska, for defendants in error.
Before GILBERT, HUNT, and RUDKIN, Circuit Judges.
The defendant in error Lepisto brought suit in the District Court for the District of Alaska against the plaintiffs in error Tuppela and Cobb, as his trustee, and against the Chichagoff Mining Company, to restrain the latter from paying over to Cobb, as trustee, the sum of $75,000 at the Bank of California, in the city of Seattle, in accordance with the terms and conditions of an agreement theretofore entered into between Cobb, as trustee, and the mining company. A temporary injunction was granted, and Lepisto executed a bond, with Wicklander and Lagergren as sureties, conditioned to save the defendants in that suit harmless because of the injunction, and to protect them against loss or damage, or any expense arising out of the cost of exchange or other similar costs, if the restraining order should appear to have been granted illegally or without sufficient cause. Thereafter the injunction suit was dismissed for want of equity and the injunction dissolved.
Cobb, as trustee, then brought the present action against Lepisto and the sureties to recover damages for breach of the conditions of the injunction bond. As a counterclaim the defendant Lepisto averred:
"That between the 20th day of December, 1918, and the 20th day of December, 1919, the defendant Henry Lepisto performed services for, and rendered assistance to, John Tuppela at the special instance and request of said John Tuppela, which services and assistance were reasonably worth the sum of $25,000, for which the said John Tuppela agreed to pay the defendant Henry Lepisto their reasonable value, which said services consisted of services rendered in connection with the case of John Tuppela v. Chichagoff Mining Company, referred to in the complaint, consisting particularly in providing the defendant Tuppela with room and board, studying the facts on which said Tuppela based his right of recovery against the Chichagoff Mining Company, and explaining said facts, as well as interpreting for said John Tuppela, and using his personal influence and standing in the community in procuring an attorney or attorneys in handling said case aforesaid, and assisting said attorneys in connection with said litigation and assisting said Tuppela by paying for his laundry and advancing him...
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Sunray Oil Corporation v. Allbritton
...prejudice to the defendant. In Miller v. Maryland Casualty Co., 40 F.2d 463, 465, decided in 1930, the Second Circuit refused to follow the Lepisto case, (Cabb v. Lepisto) 9 Cir., 6 F.2d 128, but thought it might be desirable to give appellate courts the power to review the damages, and tha......
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...of what the rule may be in other circuits, this Court has repeatedly affirmed its authority to review such a denial. Cobb v. Lepisto, 9 Cir., 6 F.2d 128; Dept. of Water & Power of City of Los Angeles v. Anderson, 9 Cir., 95 F.2d 577, certiorari denied 305 U.S. 607, 59 S.Ct. 67, 83 L.Ed 386;......
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Dagnello v. Long Island Rail Road Company
...Pac. Co. v. Guthrie, 1951, 186 F.2d 926; Department of Water and Power of City of Los Angeles v. Anderson, 1938, 95 F.2d 577; Cobb v. Lepisto, 1925, 6 F.2d 128. Tenth Circuit: Smith v. Welch, 1951, 189 F.2d 832. D. C. Circuit: Boyle v. Bond, 1951, 88 U.S.App.D.C. 178, 187 F.2d 362; cf. Hule......
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