Katz v. Driscoll

Appeal from a judgment of the superior court on an order sustaining without leave to amend the defendants’ demurrer to the complaint, and from an order after judgment dissolving an injunction.

The facts as alleged in the complaint are as follows: Michael Dolan died testate on August 2, 1946, and plaintiff was duly appointed administrator of his estate. In each of the four years, 1943 to 1946, Dolan applied to the State Department of Social Welfare for old age security benefits. In the application in each year, Dolan affirmed that he was eligible for such security and that he did not have…