Todd

Todd v. Martin

Good Law
4 Cal. Unrep. 805·37 P. 872
Supreme Court of CaliforniaSeptember 17, 1894No. 18,307California2,601 words

Opinion

Lead Opinion

Haynes, J.

The defendant appeals from the judgment entered against her upon the judgment-roll and a bill of exceptions setting out the evidence. A demurrer to the complaint was overruled. No point is made thereon in appellant’s brief, and, as the complaint states a cause of action, the other objections raised need not be noticed. The claim consisted of several items, aggregating $876.66, and stated several credits, leaving an alleged balance due plaintiff of $368.16, and was allowed by the administratrix, upon presentation, for the sum of $57.08. The jury returned a verdict for $361.16, upon which judgment was entered for plaintiff. Appellant reserved a large number of exceptions to evidence, and also specifies particulars wherein the verdict is not justified by the evidence. The sufficiency of the evidence will be first considered.

1. The first item in plaintiff’s claim is for the sum of $93, alleged to have been given by the plaintiff to John Martin in May, 1891, to be placed in his safe for safekeeping. There was evidence from which the jury would be justified in find *807 ing the delivery of the money to Martin, and that it was put in the safe. There was also evidence tending to prove…

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