Legal Opinion

Hart v. Ketchum

California Supreme Court

Decided July 14, 1898No. Sac. No. 448PublishedCited by 28 opinions

APPEAL from a judgment of the Superior Court of Sierra County and from an order denying a new trial. Stanley A. Smith, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

The plaintiff seeks hy this action to recover from the defendant certain moneys claimed to belong to the estate of James Preston, of which he is the administrator. The defendant claims a right to the money by virtue of a gift causa mortis from the intestate. Judgment was rendered in favor of the plaintiff, and the defendant has appealed.

On the nineteenth day of March, 1897, James Preston, being ill and expecting to die from his illness, placed in the hands of the defendant two savings hank hooks, saying; “I want you to draw this money and pay it out as I wish to have it done, to different…

2Cases cited4 opinions

  1. Basket v. HassellSupreme Court of the United States · 1883
  2. Walter v. FordSupreme Court of Missouri · 1881
  3. Daniel v. SmithCalifornia Supreme Court · 1883
  4. Daniel v. SmithCalifornia Supreme Court · 1888

3Cited by28 opinions

  1. Hynes v. WhiteCalifornia Court of Appeal · 1920
  2. Mutual Benefit Life Insurance v. ClarkCalifornia Court of Appeal · 1927
  3. Varley v. SimsSupreme Court of Minnesota · 1907
  4. Cahlan v. Bank of Lassen CountyCalifornia Court of Appeal · 1909
  5. Beebe v. CoffinCalifornia Supreme Court · 1908

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