Roddan

Defendant appealed from the judgment on a bill of exceptions within sixty days after its rendition.

The action was for money had and received by defendant's intestate, and it is contended that the claim presented to the administratrix had not been rejected before the commencement of the action. The notice to creditors required them to present their claims to the administratrix at the office of E. W. McGraw, Esq., 318 California Street, San Francisco.

June 25, 1889, plaintiff went to the office indicated, and the administratrix, not being present, left his claim for her, and took a receipt for it, signed by McGraw, through his clerk. McGraw was an attorney at law, and the place indicated was his office, and presumptively his clerk was authorized to receive papers for him. But the notice did not require or authorize the presentation to. McGraw, but to the administratrix, at this office. Is such a presentation good, in the absence of the administratrix?

The precise question does not seem to have been passed upon by this court; but in Bollinger v. Manning, 79 Cal. 7 , the court considered the sufficiency of a notice *557 requiring claims to be presented to the administrator at the…