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Reports of Cases Determined in the District Courts Volume 48

Reports of Cases Determined in the District Courts Volume 48


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Abbey etc. Assn. v. Willard, 48 Cal. 614; Winans v. Har- denbergh, 8 Cal. 291; Smith v. Compton, 6 Cal. 24.) If there was any uncertainty as to the number of votes polled for plaintiff, irrespective of any rights which the said Frances Blake may have assigned to plaintiff, that was cleared away absolutely by a showing as to the number of votes polled for each purported contestant, and this included plaintiff. We think the evidence supports the judgment. The next point urged is that such decision and judgment is against law. We do not think it would serve any good purpose to quote the specifications urged in support of this contention. Suffice it to say that all have been considered, and we do not think the point well taken. It is quite obvious now, we think, that the defendants Kintz and De Rackin, the owners, etc., of the Brawley Star, are free from actual fraud. The fact is, too, that they have paid the sum of $700, which was made possible by the rules of the contest to be accepted in lieu of the automobile, to said Keane. But Keane, being, by the rules of the contest, ineligible as a contestant for the reasons already stated, was not entitled to the same. His fraud was, as a matter of law, chargeable to the defendants Kintz and De Rackin. The plaintiff is also entirely free from any taint of such fraud, practiced as stated by said persons. We hold, therefore, that the plaintiff was the contestant legally in the contest receiving the highest number of votes so polled, and was entitled to the highest award. The rule applies that where one of two innocent persons must suffer by the fraudulent act of a third, it must be he who trusted most, or he whose misplaced confidence enabled the wrong to be committed. (Ruiz v. Norton, 4 Cal. 355, [60 Am. Dec. 618]; Poorman v. M...


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Product Details
  • ISBN-13: 9780217040716
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 336
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 0217040713
  • Publisher Date: 01 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 599 gr


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