Dambmann v. White
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint was as follows: Christian F. A. Dambmann, plaintiff in this suit, assignee of the estate and effects of Oscar Beinstein and Simon Mamlock, bankrupts under the statute of the United States, complains of Patrick J. White and Henry Breslauer, defendants, and alleges against them as follows: Heretofore, to wit: On or about the thirty-first day of March, in the year eighteen…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint was as follows: Christian F. A. Dambmann, plaintiff in this suit, assignee of the estate and effects of Oscar Beinstein and Simon Mamlock, bankrupts under the statute of the United States, complains of Patrick J. White and Henry Breslauer, defendants, and alleges against them as follows: Heretofore, to wit: On or about the thirty-first day of March, in the year eighteen hundred and sixty-nine, at the City and County of San Francisco, the plaintiff was possessed as of his own property, as…
1Opinion of the Court
By the Court, Crockett, J.:
The demurrer to the complaint was properly overruled. The statement in the complaint that the plaintiff is assignee in bankruptcy of Beinstein & Mamlock, may be treated as surplusage, or at most as descriptio persones, and may be disregarded without impairing the sufficiency of the complaint. Nor did tfye Court err in denying the motion for a nonsuit on the plaintiff’s opening statement. Under the general averment in the complaint, that “ the plaintiff was possessed as of his own property” of the goods and chattels enumerated, he was entitled- to show by proof that…
2Cases cited1 opinion
- Barfield v. PriceCalifornia Supreme Court · 1871
3Cited by10 opinions
- Nuckolls v. Bank of CaliforniaCalifornia Supreme Court · 1937
- Bond v. Farmers & Merchants National BankCalifornia Court of Appeal · 1944
- Cortelyou v. JonesCalifornia Supreme Court · 1901
- Fitzgerald v. NeustadtCalifornia Supreme Court · 1891
- Hammond Lumber Co. v. GilkeyCalifornia Court of Appeal · 1932
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