Jamison v. King
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. The complaint averred that John King died intestate, at Placer County, on the 7th day of September, 1870; that for several years before his death he had been engaged in selling goods, and that, at the time of his death, he was indebted to various persons in the sum of more than eight thousand dollars, and that the assets which he left, aside from a policy of insurance on his life, would not pay…
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. The complaint averred that John King died intestate, at Placer County, on the 7th day of September, 1870; that for several years before his death he had been engaged in selling goods, and that, at the time of his death, he was indebted to various persons in the sum of more than eight thousand dollars, and that the assets which he left, aside from a policy of insurance on his life, would not pay more than fifty cents on the dollar of the debts. That the plaintiff was the administrator on his estate. That the…
1Opinion of the Court
By the Court, McKinstry, J.:
The amended complaint is uncertain and ambiguous. The demurrer should have been sustained. It does not appear from the complaint whether the policy of insurance and indorsement were or were not delivered to the defendant Joaquin. It is true that Joaquin acquired no interest in the policy if the paper was not delivered, since the indorsement cannot be held to operate as a will for want of the statutory formalities; but the defendants had the right to be informed whether the plaintiff claimed that the instrument was of none effect, because it was not delivered, or,…
2Cited by12 opinions
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- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1908
- Childs v. State of CaliforniaCalifornia Court of Appeal · 1983
- Cliff v. California Spray Chemical Co.California Court of Appeal · 1927
- Ilfeld v. ZieglerSupreme Court of Colorado · 1907
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