Hanly v. Kelly
California Supreme Court
Appeal by the plaintiff from a judgment in the Superior Court of the City and County of San Francisco. Hunt, J. Action to declare and enforce a trust as against the defendants James Kelly and Mary Kelly, his wife.
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Appeal by the plaintiff from a judgment in the Superior Court of the City and County of San Francisco. Hunt, J. Action to declare and enforce a trust as against the defendants James Kelly and Mary Kelly, his wife. The third amended complaint of the plaintiff sets forth; That on the nineteenth day of March, 1873, at said City and County of San Francisco, in an action in the Nineteenth District Court, the plaintiff recovered a judgment against the defendant, James Kelly, which judgment conclusively established that on or about September, 1865, at said City and County of San Francisco, the…
1Opinion of the Court
The Court:
The demurrer to the third amended complaint was properly sustained. The allegation with reference to the investment of the trust moneys, by defendant James Kelly, in the lot of land described, is: “That whilst said trust money has been so as aforesaid in the hands of the said James Kelly, he, the said James Kelly, has invested the same,” etc. For aught that appears, the investment was made with full knowledge on the part of plaintiff before the action was brought to recover the amount deposited, with interest, which resulted in the judgment at law, and facts are alleged showing that…
2Cases cited2 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Wells, Fargo & Co. v. RobinsonCalifornia Supreme Court · 1859
3Cited by5 opinions
- Gaffney v. MegrathWashington Supreme Court · 1900
- Harding v. Atlantic Trust Co.Washington Supreme Court · 1901
- Kaiser v. MansfieldCalifornia Court of Appeal · 1956
- Hilborn v. BonneyCalifornia Court of Appeal · 1915
- Gray v. GrayCalifornia Court of Appeal · 1938