Irish v. Sunderhaus
California Supreme Court
APPEAL from a judgment of the Superior Court of Sierra County and from an order denying a new trial. Stanley A. Smith, Judge. The main facts are stated in the opinion of the court.
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APPEAL from a judgment of the Superior Court of Sierra County and from an order denying a new trial. Stanley A. Smith, Judge. The main facts are stated in the opinion of the court. The witness Low, referred to in the opinion, was one of the defendants, and the testimony referred to related to his understandings as to the contract between Epstein and Soward, and particularly to his understanding that the amount paid by Epstein was to be in full payment of the claims of the creditors of the corporation.
1Opinion of the CourtTemple, J.
This action was brought against the stockholders of a corporation by plaintiff as assignee of certain claims of creditors. In the complaint, after setting out the debt of each creditor, and after an averment that the debt is still due and unpaid, plaintiff avers: “That said claim was duly assigned to this plaintiff before the commencement of this action,” but it is not averred that he is still the owner of the assigned claim. The complaint was not demurred to, but appellant in this court for the first time objects that the complaint in that respect fails to state a cause of action, and Holly…
2Cases cited6 opinions
- Fredericks v. TracyCalifornia Supreme Court · 1893
- Amestoy v. Elec. Rapid Transit Co.California Supreme Court · 1892
- Alexander v. McDowCalifornia Supreme Court · 1895
- Affierbach v. McGovernCalifornia Supreme Court · 1889
- Williams v. AsheCalifornia Supreme Court · 1896
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3Cited by7 opinions
- Krieger v. FeenyCalifornia Court of Appeal · 1910
- Baumgarten v. California Pacific Title & Trust Co.California Court of Appeal · 1932
- Gunderson v. GundersonCalifornia Court of Appeal · 1935
- Eller v. SalatheWyoming Supreme Court · 1932
- Golden v. FischerCalifornia Court of Appeal · 1915
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