Legal Opinion

Orcutt v. Gould

California Supreme Court

Decided June 17, 1897No. Sac. No. 275PublishedCited by 11 opinions

Appeal from a judgment of the Superior Court of Tuolumne County and from an order denying a new trial. G. W. Nicol, Judge, The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

Plaintiff, when a child of eleven years, began living with Mrs. H. N. Sherman. At that time the child had two hundred and fifty dollars deposited to her credit by her father in a savings bank in the city of Stockton. Thereafter at various times Mrs. Sherman persuaded the child to draw the money from the bank in small sums, until finally it had all passed into the possession of Mrs. Sherman. When the plaintiff had arrived at the age of twenty-five years or thereabouts Mrs. Sherman died. This action was then brought against her executor for the purpose of having a trust declared against her…

2Cases cited3 opinions

  1. Lathrop v. BamptonCalifornia Supreme Court · 1866
  2. McGrath v. CarrollCalifornia Supreme Court · 1895
  3. Byrne v. ByrneCalifornia Supreme Court · 1896

3Cited by11 opinions

  1. Newport v. HattonCalifornia Supreme Court · 1924
  2. Davis v. ShepardWashington Supreme Court · 1925
  3. Estate of Dutard v. Bank of CaliforniaCalifornia Supreme Court · 1905
  4. Estate of ArmsCalifornia Supreme Court · 1921
  5. Mix v. YoakumCalifornia Supreme Court · 1927

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