Lee v. City of Oakland

By his complaint setting forth a common count for money had and received, plaintiff seeks to recover $3,707.67. He recovered judgment in the sum of $838.67. From this judgment, plaintiff appeals.

For some period of time prior to April 19, 1958, the Oakland Police Department, suspecting gambling activities, had kept watch over the premises of the Ying On Association. On April 19, 1958, and using a search warrant, the police department raided the premises. The association premises consisted of several rooms including a gambling room, a reading or TV room, a storage room and kitchen. A safe was kept in the storage room but no sleeping accommodations were present in this room. Yen Lau Lung was on the date of the raid, and had been, a cook and caretaker for the association for about two years. At the time of the entrance onto the premises by the policemen, there were 26 men in the reading or TV room and 14 in the gambling room. No gambling was seen by any of the police officers but there was gambling paraphernalia present. From Lung, the police officers took money. The amount of $838.67 was found in his wallet along with some chips. Other money, in rolls, amounting to $2,869 was found…