Legal Opinion

Fox v. Monahan

California Court of Appeal

Decided August 24, 1908No. Civ. No. 355PublishedCited by 13 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHall, J.

This is an appeal upon the judgment-roll from a judgment for plaintiff and against defendants in the sum of $346.65.

The complaint is in two counts, each of which was attacked by defendants by a general demurrer, which was by the court overruled as to each count, and it is this action of the court which is now chiefly relied on for a reversal of the judgment.

The first count, if good at all, sets forth a, cause of action for money had and received by defendants to and for the use of plaintiff’s assignors. The point intended to be raised by the demurrer is that it is not alleged that defendant…

2Cases cited10 opinions

  1. Butts v. PhelpsSupreme Court of Missouri · 1883
  2. Mcconoughey v. JacksonCalifornia Supreme Court · 1894
  3. Alameda County v. CrockerCalifornia Supreme Court · 1899
  4. Curtis v. Richards & VantineCalifornia Supreme Court · 1858
  5. Moore v. . HobbsSupreme Court of North Carolina · 1878

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3Cited by13 opinions

  1. Rolland v. PorterfieldCalifornia Supreme Court · 1920
  2. Union Bank & Trust Co. v. County of Los AngelesCalifornia Court of Appeal · 1934
  3. Gray v. Times-Mirror Co.California Court of Appeal · 1909
  4. Vilardo v. County of SacramentoCalifornia Court of Appeal · 1942
  5. Vaughn v. Certified Life InsuranceCalifornia Court of Appeal · 1965

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