Legal Opinion

Gunter v. Janes

California Supreme Court

Decided July 1, 1858PublishedCited by 26 opinions

Appeal from the Superior Court of the City of San Francisco. This was a bill in equity to recover trust funds in the hands o^ the administrator of a trustee. The action was originally brought in the name of Henry Gunter, against William Barber," administrator, with the will annexed of J. J. Starkey, deceased.

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Appeal from the Superior Court of the City of San Francisco. This was a bill in equity to recover trust funds in the hands o^ the administrator of a trustee. The action was originally brought in the name of Henry Gunter, against William Barber," administrator, with the will annexed of J. J. Starkey, deceased. Subsequent to the rendering the interlocutory decree Gunter died, and the action was revived in the name of the above-named Elizabeth A. Gunter, his widow and executrix. Barber closed his accounts as administrator, and paid over the money in his hands to Janes, the guardian of the…

1Opinion of the Court

Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., concurring.

The main conceded facts of this case constitute an authentic chapter in the business history of the early days of California. Kothing could more clearly show the excessive confidence and the delusive anticipations of that period.

The first and main question in the case is one of fact—of intention. Was Starkey, in the purchase of the note and mortgage of Gunter to Wells, the mere agent or trustee of Gunter ? or did he act for himself and for his own interest ? This is the question upon which the…

2Cited by26 opinions

  1. Lathrop v. BamptonCalifornia Supreme Court · 1866
  2. Ephraim v. Metropolitan Trust Co.California Supreme Court · 1946
  3. Estate of Dutard v. Bank of CaliforniaCalifornia Supreme Court · 1905
  4. Esslinger v. SpraginsSupreme Court of Alabama · 1938
  5. Noble v. NobleCalifornia Supreme Court · 1926

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