Marsh v. Dooley
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. Maria D. Marsh, who resided in Massachusetts, transmitted money to her brother, E. W. Darling, a resident of Santa Clara County, in this State, to loan on her account.
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Appeal from the District Court, Twentieth Judicial District, County of Santa Clara. Maria D. Marsh, who resided in Massachusetts, transmitted money to her brother, E. W. Darling, a resident of Santa Clara County, in this State, to loan on her account. Darling, on the 20th day of February, 1875, loaned to George W. Dooley one thousand nine hundred and sixty-eight and fifteen hundredths, dollars, and Dooley gave his note to Darling for the amount, and also gave Darling a mortgage to secure the money. In May, 1875, Dooley died, and the defendants were appointed administrator and administratrix…
1Opinion of the Court
The statute (Code of Civil Procedure, sec. 1493) must be construed to intend that if an opportunity was afforded one proper person to present the claim during the period of time allowed by law, that the claim should then be presented, or be barred as in any other case. Darling, in whom the legal title and possession of the note was vested during that time, had such opportunity, for he was here. He was a proper person to have presented the claim, because he was a proper party to have enforced it. (Price v. Dunlap, 5 Cal. 485 ; Gradwohl v. Harris, 29 Cal. 154; Wetmore v. San Francisco, 44 Cal.…
2Cases cited9 opinions
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Clark v. LockwoodCalifornia Supreme Court · 1862
- Wetmore v. City of San FranciscoCalifornia Supreme Court · 1872
- Kreutz v. LivingstonCalifornia Supreme Court · 1860
- Zachary v. GregoryTexas Supreme Court · 1870
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3Cited by2 opinions
- Estate of CrosbyCalifornia Supreme Court · 1880
- Diffenderfer v. ScottIndiana Court of Appeals · 1892