Hardenbergh v. Bacon
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to compel the defendants to transfer to the plaintiff forty certain shares of mining stock known as the “ Belcher,” and to account to her for all dividends received hy them thereon.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to compel the defendants to transfer to the plaintiff forty certain shares of mining stock known as the “ Belcher,” and to account to her for all dividends received hy them thereon. The plaintiff’s complaint, among others, contains the averments following, to wit: “ Plaintiff further shows, that" on or about the 12th day of December, 1861, the said Charles W. Hastings departed this life, and that on the day before, or day of his death, when he was conscious of his approaching death,…
1Opinion of the Court
By the Court, Rhodes, J. :
The objections of the defendants to the plaintiff’s evidence do not require particular consideration. The evidence relating to the intended gift of the mining ground by Charles W. Hastings to his mother, the plaintiff; and that in respect to the delivery of the possession of the mining ground .by J. W. Hastings, the father of Charles, to Dunn, for the plaintiff, though it may not have shown title in the plaintiff, was suffi*375cient and competent to show the nature of the plaintiff’s claim to the property—the matter to which the alleged agency related. "
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