Legal Opinion

Tuggle v. Minor

California Supreme Court

Decided May 7, 1888No. 11210PublishedCited by 23 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The action was brought on an account stated. Judgment was rendered in favor of the plaintiff for the entire account, including the item marked as subject to investigation. From this judgment, and an order refusing him a new trial, the defendant appealed. The' further facts are stated in the opinion of the court.

1Opinion of the CourtPaterson, J.

—On the sixth day of October, 1879, the defendant rendered to the plaintiff an account made out entirely in his own handwriting, showing a balance of $13,371.70 due from the defendant to the plaintiff. The following is a copy of the account so presented, with the memorandum afterwards written on'it, October 4, 1881:—<

Exhibit A.

(Copy of Account.)

Sales of Summit:—

Gave away 2,410 shares

Sold 2,590 shares.....................$2,938 65

5,000 shares.

Sales of Bechtel:—

Gave away 250 shares.

Sold 4,750 shares......................27,910 00

5.000 shares.

Tioga stock:—

Gave' away 166f shares.

Sold 1,833&…

2Cases cited4 opinions

  1. Wiggins v. BurkhamSupreme Court of the United States · 1870
  2. Auzerais v. NagleeCalifornia Supreme Court · 1887
  3. Biddel v. BrizzolaraCalifornia Supreme Court · 1880
  4. Gould v. ScannellCalifornia Supreme Court · 1859

3Cited by23 opinions

  1. Southern Pacific Co. v. ProsserCalifornia Supreme Court · 1898
  2. Lacy Manufacturing Co. v. Gold Crown Mining Co.California Court of Appeal · 1942
  3. Clunin v. First Federal Trust Co.California Supreme Court · 1922
  4. Baird v. CrankCalifornia Supreme Court · 1893
  5. Bank of America National Trust & Savings Ass'n v. McRaeCalifornia Court of Appeal · 1947

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