Downing

Downing v. Mulcahy

Good Law
1899 Cal. LEXIS 1180·6 Cal. Unrep. 242·56 P. 466
Supreme Court of CaliforniaMarch 4, 1899S. F. No. 786California454 words

Opinion

Lead Opinion

Chipman, J.

Action for money had and received by defendants, as brokers, for the use of plaintiffs. The cause was tried by the court without a jury, and plaintiff had judgment, from which, and from the order denying defendants’ motion for a new trial, this appeal is taken.

1. Defendants demurred to the complaint on the grounds: (1) Insufficiency of facts; (2) want of jurisdiction of the subject matter of the action and of the parties; (3) for ambiguity and uncertainty. The objections on the last two grounds alone are insisted upon. Want of jurisdiction is claimed because “the complaint does not allege the place where the alleged cause of action accrued.” The complaint is in the usual form for money had and received by defendants as brokers for plaintiffs between certain stated dates, and we think the pleading sufficient. It was not essential to *243 jurisdiction of the parties or the subject of the action to allege where the cause of action accrued. The alleged ambiguity is that the complaint is uncertain because it does not show at what place defendants received the money, nor for what it was paid, nor the kind of brokerage defendants were engaged in, nor the times when the payment was…

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