Wendt v. Ross
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. The material averments of the plaintiff’s complaint are as follows, to wit: “ On the 6th day of June, 1864, the firm of Ah Sing & Co. were indebted' to the plaintiff in the sum of ($425) four hundred and twenty-five dollars, being the balance due plaintiff of the purchase money of a-certain interest in a lot of mining claims situate on Dutch Eavine, Placer County, and before that time sold and…
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Appeal from the District Court, Fourteenth Judicial District, Placer County. The material averments of the plaintiff’s complaint are as follows, to wit: “ On the 6th day of June, 1864, the firm of Ah Sing & Co. were indebted' to the plaintiff in the sum of ($425) four hundred and twenty-five dollars, being the balance due plaintiff of the purchase money of a-certain interest in a lot of mining claims situate on Dutch Eavine, Placer County, and before that time sold and conveyed by plaintiff to said Ah Sing & Co. That afterwards, to wit: on the day and year aforesaid, at the said county, it…
1Opinion of the Court
By the Court, Bhodes, J.:
This is an action for money had and received. The defendant is not charged, nor is he upon the facts of the case chargeable as a bailee.
The objection, that all the persons who were interested in the purchase money for the mining claim should have been joined as plaintiffs, is deemed to have been waived because of the failure to take the objection by answer, the matter not appearing upon the face of the complaint. (Practice Act, Sec. 45.) In respect to the receipt of the money by the defendant for the use of the plaintiff, and the demand of the same from the defendant…
2Cited by11 opinions
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- Conduitt v. RyanIndiana Court of Appeals · 1891
- Williams v. Southern Pacific RailroadCalifornia Supreme Court · 1896
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Harrison v. WoodwardCalifornia Court of Appeal · 1909
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