Quimby v. Lyon
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco.
1Opinion of the CourtMcKinstby, J.
The appeal is on the judgment roll, and the single point is made that the complaint does not allege a demand and refusal to pay the money. The objection was not made in the court below.
The complaint avers: “ Heretofore, to wit, on the 29th day of December, 1878, the. said defendants were indebted to the plaintiff in the sum of $1,500, gold coin of the United States, for money had and received by said defendants upon the 28th day of December, 1878, for the use and benefit of the plaintiff. That no part,” etc,
*395It is settled that the “ common counts ” can be used in this State. (Abadie v.…
2Cases cited2 opinions
- Campbell v. JonesCalifornia Supreme Court · 1869
- Spencer v. CurtissSupreme Court of Connecticut · 1842
3Cited by16 opinions
- Drew v. PedlarCalifornia Supreme Court · 1891
- Union Bank & Trust Co. v. County of Los AngelesCalifornia Court of Appeal · 1934
- Pierce v. WhitingCalifornia Supreme Court · 1883
- People v. Central Pacific RailroadCalifornia Supreme Court · 1888
- Mahony v. Standard Gas Engine Co.California Supreme Court · 1921
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