Mathewson v. Naylor

BISHOP, J., pro tem.

Measured by the familiar rules applicable to motions for nonsuit (see 9 Cal. Jur. 557 et seq.), the evidence in this case would have supported a finding in favor of plaintiff's contention that she had been induced by defendant’s fraudulent representations to loan him considerable sums of money, and that her action was barred neither by the statute of limitations nor by the dis charge of the defendant in bankruptcy. The judgment of nonsuit appealed from must, therefore, be reversed.

While the theory upon which plaintiff’s complaint was constructed was that a fraud had been…