Legal Opinion

Daniel v. Smith

California Supreme Court

Decided November 28, 1883PublishedCited by 21 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtThornton, J.

This action was brought to recover of the Hibernia Savings and Loan Society a sum of money specified in the complaint. A claim to this money was set up by Holland Smith, as the administrator of the estate of Abraham Fielding, deceased, and he was made a defendant that the validity of his claim as against the plaintiffs might be determined. Judgment was rendered for the plaintiffs, and Smith moved for a new trial, which was denied, thereupon Smith appealed from the judgment and order denying a new trial.

The sole question to be determined is whether the money sued for was given to Emma Daniel,…

2Cases cited5 opinions

  1. Taylor v. HenryCourt of Appeals of Maryland · 1878
  2. Curry v. . PowersNew York Court of Appeals · 1877
  3. Hatch v. AtkinsonSupreme Judicial Court of Maine · 1868
  4. McGrath v. ReynoldsMassachusetts Supreme Judicial Court · 1875
  5. Huntington v. GilmoreNew York Supreme Court · 1852

3Cited by21 opinions

  1. Hatcher v. BufordSupreme Court of Arkansas · 1895
  2. Hart v. KetchumCalifornia Supreme Court · 1898
  3. Mutual Benefit Life Insurance v. ClarkCalifornia Court of Appeal · 1927
  4. Dahlgren v. Superior CourtCalifornia Court of Appeal · 1908
  5. Beebe v. CoffinCalifornia Supreme Court · 1908

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