Campe v. Meierdiercks

Decided December 24, 1890

California Supreme Court · decided 1890-12-24

The action was brought to recover the sum of $3,630 for money loaned to the defendant. The defendant deDied the loan, and pleaded that all but fifteen hundred dollars of the money was given to the defendant freely and without solicitation, and that the remaining sum of fifteen hundred dollars was a present from the plaintiff to defendant’s daughter, and' that by the plaintiff’s direction, he gave his note for that sum to his daughter.

Cited by 1 later decisions — most recently January 1894

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-12-24

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Thornton, J.

¶1In this case the whole question is as to an issue of fact, which was determined by the court below in favor of plaintiff.

¶2Whether the money sued for was a gift or not, part of it to the defendant, and a part of it to his daughter, depends on evidence in the cause. The evidence was on all material points conflicting. The court below decided that the money was not a gift, and rendered judgment for plaintiff.

¶3It is no use to review the evidence, but as it was conflicting on the issue above mentioned, according to the long^establislied rule of this court, the decision of the court below will not be disturbed.

¶4Judgment and order affirmed.

¶5McFarland, J., and Sharpstein, J., concurred.