Legal Opinion

McLean v. Crow

California Supreme Court

Decided May 1, 1891No. 13465PublishedCited by 26 opinions

Appeal from a judgment of the Superior Court of Stanislaus County, and from an order denying a new trial. The sixth instruction, referred to in the opinion as asked for by the defendant, required the jury to find, from a preponderance of the evidence, before plaintiffs could recover, that the services were worth more than the sum of $150. The complaint alleged that the services were worth $360, and the answer denied that they were worth that amount, or any greater sum than…

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Appeal from a judgment of the Superior Court of Stanislaus County, and from an order denying a new trial. The sixth instruction, referred to in the opinion as asked for by the defendant, required the jury to find, from a preponderance of the evidence, before plaintiffs could recover, that the services were worth more than the sum of $150. The complaint alleged that the services were worth $360, and the answer denied that they were worth that amount, or any greater sum than $150. Further facts are stated in the opinion.

1Opinion of the Court

Temple, C.

This action was brought by S. McLean and C. W. Evans, partners, doing business under the *647name and style of McLean & Evans, for services, as physicians, rendered defendant’s intestate during his last illness. The estate is said to be insolvent, and the answer denies that any such services were rendered the deceased during his last illness; that such services were worth more than $150 dollars; and that the plaintiffs had made, acknowledged, or published the certificate of copartnership and notice as required by section 2466 of the Civil Code.

As the surnames of both partners appear in…

2Cases cited2 opinions

  1. Pendleton v. ClineCalifornia Supreme Court · 1890
  2. Clark v. Phœnix InsuranceCalifornia Supreme Court · 1868

3Cited by26 opinions

  1. Hirshfeld v. DanaCalifornia Supreme Court · 1924
  2. Golden Gate Undertaking Co. v. TaylorCalifornia Supreme Court · 1914
  3. Bleecker v. MillerSupreme Court of Oklahoma · 1914
  4. Palmer v. GreggCalifornia Supreme Court · 1967
  5. Rosander v. Market Street Railway Co.California Court of Appeal · 1928

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