Hallinan

This is an action at law for money had and received, brought by plaintiff, through his guardian, against the defendant Hearst. Judgment went against the plaintiff, and he appeals from the judgment and from an order denying his motion for a new trial. The main features of the case are these: On June 6, 1897, Timothy Hallinan, *593 John Moholy and Frank Keller, who were firemen, lost their lives in the performance of their duty in a fire in San Francisco. Immediately afterward the respondent Hearst, through his newspaper, the “Examiner,” commenced to solicit contributions for the benefit of the families and dependents of these deceased firemen, and he himself gave $200 to the fund. In the articles published in the “Examiner” on the subject, and in letters written by some of the contributors, there were general expressions about the purposes intended, of which the following are fair samples: “In aid of the families of the firemen killed,” “to assist those dependent upon the firemen,” “those whom they supported,” “for the benefit of the dependent relatives of these firemen,” “for the families of the brave firemen,” “for the relatives of firemen heroes,” etc. There is nothing more…