Garrison v. McGowan
California Supreme Court
The plaintiff was and had been for many years a resident of the City of New York, and was the owner of a lot at the intersection of Drumm and Washington streets, San Francisco, of the value of about forty thousand dollars, having several buildings upon it, which were rented to tenants.
Read the full summary
The plaintiff was and had been for many years a resident of the City of New York, and was the owner of a lot at the intersection of Drumm and Washington streets, San Francisco, of the value of about forty thousand dollars, having several buildings upon it, which were rented to tenants. In 1865, the plaintiff appointed Martin R. Roberts his attorney in fact, by a power in writing, which was acknowledged, giving his attorney power to rent his property, execute leases, collect rents, and to take general charge and control of his houses and lands, and to collect all sums due the plaintiff in…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. There is not even the slightest evidence of fraud upon the part of Moore nor of Edmonds, nor, indeed, of any other person, in the proceedings resulting in the judgment in favor of McGowan and against Garrison. Edmonds, as the attorney of McGowan, had no relations with Garrison, nor with Pratt, his agent, which involved the duty upon his part, to consult with the latter or give him any special notice of the pendency of the suit of McGowan against Garrison. That duty belonged to Moore, who was the attorney of record for Garrison in that action, and Moore…
2Cited by15 opinions
- Gagnon Co., Inc. v. Nevada Desert InnCalifornia Supreme Court · 1955
- Parkside Realty Co. v. MacDonaldCalifornia Supreme Court · 1914
- Chambers v. GallupCourt of Appeals of Texas · 1902
- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Nielsen v. EmersonCalifornia Court of Appeal · 1931
10 more not listed; retrieve them via the Exa API.