Frank v. Pennie
California Supreme Court
Appeal from an order of the Superior Court of the City and County of San Francisco denying a new trial. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Appeal from the order denying plaintiff a new trial. Plaintiff sued defendant, administrator of the estate of Joseph Spanier, deceased, to recover certain sums of money which he alleges were deposited by himself and by his assignors with Spanier upon the latter’s promise to repay upon demand.
The defendant made denial, and upon the trial was allowed to introduce evidence showing that the debts were gambling debts, for moneys lost to plaintiff and his assignors at the game of polcer.
The court found in accordance with the evidence introduced by the defense and rendered judgment accordingly.
It…
2Cases cited4 opinions
- Howland v. Oakland Consolidated Street Railway Co.California Supreme Court · 1895
- Crocker v. CarpenterCalifornia Supreme Court · 1893
- McKay v. RileyCalifornia Supreme Court · 1884
- Clarke v. HuberCalifornia Supreme Court · 1864
3Cited by3 opinions
- Hardy v. SchirmerCalifornia Supreme Court · 1912
- In re Estate of SpanierCalifornia Supreme Court · 1898
- State Ex Rel. Portland Habilitation Center, Inc. v. Portland State UniversityOregon Supreme Court · 2012