Curran v. Kennedy

Citations

• 89 Cal. 98
• 26 P. 641
• 1891 Cal. LEXIS 780

Syllabus

<p>Appeal prom Judgment—Review op Evidence — Exception for Insufficiency. — An exception to a decision, on the ground that it is not supported by the evidence, will not be reviewed on appeal from the judgment, where the appeal is not taken within sixty days after the rendition of the judgment.</p> <p>Estates of Decedents — Action against Executors of Deceased Administrator-— Property Unaccounted for. —An action will lie in favor of the administrator of an estate, against the executors of a deceased administrator of the same estate, to recover the proceeds of a life insurance policy upon the life of the intestate, and the value of other personal property of the estate, collected by the deceased administrator and not accounted for to the estate.</p> <p>Id. — Evidence — Contents of Insurance Policy—Admission of Pleadings— Parol Testimony—Harmless Error. —The admission of parol evidence as to the contents of an insurance policy, the contents of which are admitted by the pleadings, is a harmless error, if the testimony does not contradict any fact admitted by the pleadings.</p> <p>Id. — Insurance — Incorporation — Contract — Findings. — A finding that the plaintiff's intestate had insured his life for the sum claimed with the insurance company named, described as “a corporation formed by special act of Congress of said United States, ” is a sufficient finding as to whether the insurance company was incorporated or had an existence, and is also a sufficient finding that the plaintiff’s intestate entered into a written contract of insurance as alleged in the complaint and denied in the answer.</p> <p>Id.—Receipt of Proceeds of Policy — Failure of Administrator to Account — Findings.—A finding that the administrator of the intestate’s estate, in his capacity as such, and for the use of the estate, received the proceeds of the policy of insurance, and failed to account with the intestate’s estate for a portion of the proceeds, is a sufficient finding upon the issue raised, a