Gillespie v. Winn

4 P. 411, 65 Cal. 429, 1884 Cal. LEXIS 584

Opinion

The Court.

We think the motion for nonsuit was properly granted. The claim on which the action is based was never presented for allowance to the defendant as the administrator of the estate of Mrs. Hersperger, deceased, nor is it shown that the money which she received as the guardian of plaintiff ever came into the hands of defendant as such administrator, or otherwise. On the other hand, the only evidence introduced on the trial tends to prove the exact reverse.

Judgment affirmed.