Shain v. Sresovich
California Supreme Court
Appeal fronua judgment of the Superior Court of the City and County of Sau Francisco. The facts are stated in the opinion of the court. Even if the rule of the common law obtained in this state, and the cause of action for moneys paid under a mistake ran from the date of the payment, and not from the date of the discovery thereof, yet the fraudulent concealment by this defendant of the facts constituting the mistake would suspend the running of the statute of limitations.
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Appeal fronua judgment of the Superior Court of the City and County of Sau Francisco. The facts are stated in the opinion of the court. Even if the rule of the common law obtained in this state, and the cause of action for moneys paid under a mistake ran from the date of the payment, and not from the date of the discovery thereof, yet the fraudulent concealment by this defendant of the facts constituting the mistake would suspend the running of the statute of limitations. (Kane v. Coolc, 8 Cal. 449.) Whatever the rule may be in other states, in California the legislature has prescribed that…
1Opinion of the CourtHarrison, J.
In 1886 J. Ivancovich & Co., plaintiff’s assignors, had a joint venture with the defendant in the importation and sale of some oranges, and on the 1st of July of that year they presented to the defendant a statement and account of the transactions relating to the venture, showing that they were indebted to him in the sum of two thousand and sixty-three dollars and fifty-one cents, and paid him that sum of money. These accounts were kept by the plaintiff’s assignors in one of their firm books, in which were also placed an account of importation of oranges by themselves on their own account.…
2Cases cited2 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Ware v. Galveston City Co.Supreme Court of the United States · 1892
3Cited by40 opinions
- Norgart v. Upjohn Co.California Supreme Court · 1999
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- Wyatt v. Union Mortgage Co.California Supreme Court · 1979
- Barrera v. State Farm Mutual Automobile InsuranceCalifornia Supreme Court · 1969
- First Nationwide Savings v. PerryCalifornia Court of Appeal · 1992
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