Gaffney v. Gough
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The defendants demurred to the complaint. The Court overruled over the demurrer, and the defendants declining to answer, judgment by default passed against them. From this judgment the defendants appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, C. J. :
This is a suit for a street assessment in San Francisco. Gaffney was the contractor. He assigned one undivided half interest in the contract to the defendant, Donohue. After the assessment was made, and the warrant issued, Gaffney, the contractor, who still owned one undivided half of the amount due, made a personal demand upon defendants, in all respects as required by statute, if he was competent to make the demand. It is claimed, however, that he could not make a legal demand so as to charge defendants, because he only owned one half, and does not appear to…
2Cited by6 opinions
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Foley v. BullardCalifornia Supreme Court · 1893
- Atchison, Topeka & Santa Fe Ry. v. Reclamation Dist. No. 404California Supreme Court · 1916
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- City of Seattle v. Yesler, Washington Territory1878
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