Kirtley v. Perham
California Supreme Court
APPEAL from-a judgment of the Superior Court of the City and County of San Francisco. Marcel E. Cerf, Judge.
1Opinion of the CourtShaw, J.
The defendants appeal from the judgment, upon the judgment-roll alone.
The' complaint, as a cause of action against the defendants, alleges that they are jointly indebted to the plaintiff in the sum of $4,599.38, for money jointly had and received by the defendants, to and for the use of the plaintiff, and that said sum of money remains unpaid.
The defendants, in addition to the answer denying the indebtedness alleged in the complaint, filed a pleading which they denominate a cross-complaint, but which, more accurately speaking, is a counterclaim, it being a cause of action arising out of the…
2Cases cited9 opinions
- Colton v. StanfordCalifornia Supreme Court · 1890
- J. S. Potts Drug Co. v. BenedictCalifornia Supreme Court · 1909
- Smith v. Phœnix InsuranceCalifornia Supreme Court · 1891
- Conlin v. OsbornCalifornia Supreme Court · 1911
- State v. ChevignyMontana Supreme Court · 1914
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3Cited by9 opinions
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- Lubarsky v. ChavisCalifornia Court of Appeal · 1929
- Beaudry v. PetersonCalifornia Court of Appeal · 1942
- Ross v. McDougalCalifornia Court of Appeal · 1936
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