Legal Opinion

McCormick-Ormand Co. v. Nofziger Brothers Lumber Co.

California Court of Appeal

Decided March 16, 1909No. Civ. No. 565PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of Riverside County, and from an order denying a new trial. P. E. Densmore, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

Action in form for money had and received. Judgment passed for plaintiff, from which, and an order denying its motion for a new trial, defendant prosecutes this appeal.

It is alleged in the complaint that on or about July 1, 1904, the defendant received the sum of $400 from the Lynn-Lewis Company, a corporation, to and for the use of plaintiff. This allegation is put in issue by specific denial contained in the answer.

Appellant, among other assignments of error, contends that the court not only failed to find upon this issue, but also insists that certain of the findings, without which the…

2Cases cited5 opinions

  1. Concannon v. SmithCalifornia Supreme Court · 1901
  2. Kreutz v. LivingstonCalifornia Supreme Court · 1860
  3. Tutt v. IdeU.S. Circuit Court for New York · 1855
  4. Ehrman v. RosenthalCalifornia Supreme Court · 1897
  5. Gamache v. South School DistrictCalifornia Supreme Court · 1901

3Cited by6 opinions

  1. People v. BurkeCalifornia Court of Appeal · 1912
  2. Union Oil Co. v. Purissima Hills Oil Co.California Supreme Court · 1919
  3. Hall v. HickeyCalifornia Court of Appeal · 1957
  4. Hart v. Merchants Trust Co.California Court of Appeal · 1932
  5. Llano Investment Co. v. MintonCalifornia Supreme Court · 1923

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