Johnson v. Bank of Lake

Caution
125 Cal. 6·1899 Cal. LEXIS 788·57 P. 664
Supreme Court of CaliforniaJune 8, 1899S. F. No. 956California739 words

Opinion

Lead Opinion

Henshaw, J.

—Plaintiff by appropriate allegations sought to enforce a liability against the Bank of Lake, as a stockholder -of the Lakeport Agricultural Park Association. By his first cause of action he charged for the value of his services as an attorney at law, rendered to the association at its request, in defense of an action in which it was a defendant, “in consideration of which the Lakeport Agricultural Association promised, undertook, and agreed to pay the plaintiff the reasonable value of the said services whenever thereto requested.” The second cause of action charged for moneys expended by plaintiff for the association at its request and under its promise of repayment. The third cause of action -was for the value of the services of J. J. Bruton, rendered under a like employment as attorney at lawfin the same litigation, Bruton’s claim having been assigned to plaintiff. The court found the employment, the value of the services, and the expenditures of moneys all as pleaded in the complaint, but it found that defendant’s plea of the statute of limitations was a good plea “because the employment of plaintiff and of Bruton to perform the. services which they did perform was made prior…

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