Pratalongo v. Larco
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The action was commenced December 30, 1867. The findings of the referee, not stated in the opinion, were, in substance, that from the first day of January, 1865, to the date of the commencement of the action, the plaintiff and defendant had transactions together in and about advancing money, the one to the other, for different purposes.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The action was commenced December 30, 1867. The findings of the referee, not stated in the opinion, were, in substance, that from the first day of January, 1865, to the date of the commencement of the action, the plaintiff and defendant had transactions together in and about advancing money, the one to the other, for different purposes. That during the whole period, in rendering their accounts one to the other, the parties calculated interest at the rate of one and one half per cent, per month; and…
1Opinion of the Court
By the Court, Crockett, J:
The action is for money lent and advanced and paid, laid out and expended, by the plaintiff to and for the use of the defendant, and for money had and received by the defendant for the use of the plaintiff. The answer is a general denial, and a counter-claim, in which the defendant avers that the plaintiff is indebted to him for money had and received, lent and advanced, and paid, laid out and expended. The cause was referred to a referee to try the issues of law and fact, and to report a judgment. It appeared at the trial, that the action involved the settlement of…
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