Sav. & Loan Soc'y v. Gibb
California Supreme Court
Appeal from the Fourth Judicial District. These are separate appeals from judgments of the District Court, entered in favor of the defendants and respondents, upon their demurrers to the amended complaints of the plaintiff, in each of the two cases.
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Appeal from the Fourth Judicial District. These are separate appeals from judgments of the District Court, entered in favor of the defendants and respondents, upon their demurrers to the amended complaints of the plaintiff, in each of the two cases. The complaints are precisely similar, and, so far as they bear upon the questions raised upon the appeals, state the following facts : That, August 31st, 1860, the defendants, William Gibb and Daniel Gibb, now deceased, but then in life, were partners under the firm name of Daniel Gibb & Co., and by their partnership name of Daniel Gibb & Co.,…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
We have carefully considered the objections taken by the defendants to the complaints in these cases, and are of opinion that they are untenable. The brief of the counsel of the plaintiff satisfactorily answers them. The Reporter will give a full synopsis of the briefs of the learned counsel in the report of the cases.
The judgment is reversed, and the cause remanded for further proceedings in both cases; and inasmuch as the executor has died since the argument, the judgments will be entered as of the first day of May, that day being previous to his death. (Blade v, Shaw,…
2Cases cited1 opinion
- Black v. ShawCalifornia Supreme Court · 1862