O'Connor v. Irvine
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. On the 26th of April, 1860, A. Gray Morgan died intestate in the city and county of San Francisco, being at the time the owner of an undivided half-interest in a mine situated in Calaveras County, state of California, known as the Morgan mine.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. On the 26th of April, 1860, A. Gray Morgan died intestate in the city and county of San Francisco, being at the time the owner of an undivided half-interest in a mine situated in Calaveras County, state of California, known as the Morgan mine. On the 4th of January, 1861, letters of administration upon his estate were issued to B. H. Sinton, who, as such administrator, sold to James G. Fair the interest of Morgan in the mine, the purchase being made by Fair for account…
1Opinion of the CourtPaterson, J.
1. The evidence shows that the defendant acted as the agent of Fair and Selover in purchasing the property and in holding it, and that he so considered himself up to a certain period, when, having had some misunderstanding with Fair, he resolved to assume the right of ownership in the property. Fair furnished ’the money with which the purchase was made. It was not necessary for the plaintiff to show the defendant agreed in formal or express language that he would make the purchase for Fair and others, and hold it for their benefit. It is sufficient if it was mutually understood between the…
2Cases cited11 opinions
- Lord v. VeazieSupreme Court of the United States · 1850
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Siemon v. . SchurckNew York Court of Appeals · 1864
- Sandfoss v. JonesCalifornia Supreme Court · 1868
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3Cited by44 opinions
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- Mitau v. RoddanCalifornia Supreme Court · 1906
- Bowles v. Superior CourtCalifornia Supreme Court · 1955
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