Legal Opinion

Robson v. O'Toole

California Court of Appeal

Decided December 17, 1919No. Civ. No. 2966PublishedCited by 15 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Praneiseo. Prank J. Murasky, Judge. Reversed. The facts are stated in the opinion of the court.

1Opinion of the CourtRichards, J.

This is an appeal from a judgment in favor of the defendant Hoyt after an order by the trial court sustaining said defendant’s demurrer to the plaintiff’s third amended complaint.

Said complaint is in two counts, in the first of which the facts upon which the plaintiff relies for a recovery are set forth in detail. The second count is an ordinary common count for moneys paid out and expended within two years for said defendant’s use and benefit and at his special instance and request. Both of these counts, however, admittedly refer to the same transaction.

The facts of the ease, as set forth in…

2Cases cited5 opinions

  1. Robson v. Superior CourtCalifornia Supreme Court · 1915
  2. Williams v. NaftzgerCalifornia Supreme Court · 1894
  3. Roberts v. FitzallenCalifornia Supreme Court · 1898
  4. Ward v. De OcaCalifornia Supreme Court · 1898
  5. Wiltrout v. ShowersNebraska Supreme Court · 1908

3Cited by15 opinions

  1. Peters v. DietrichOregon Supreme Court · 1933
  2. Robson v. O'TooleCalifornia Court of Appeal · 1923
  3. Eastin v. Roberts, Carpenter & Co.California Court of Appeal · 1937
  4. Security-First National Bank of Los Angeles v. ChapmanCalifornia Court of Appeal · 1939
  5. Tompkins v. PowersCalifornia Court of Appeal · 1930

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