Estate of Galvin

Citations

• 1 Myrick 82

Syllabus

<p>Loan, facts showing, as distinguished fbom a deposit. Vebbal conteaot to BEPAY ON DEMAND. STATUTE OF LIMITATIONS BUNS FBOM DATE OF LOAN.</p> <p>S. loaned decedent, in 1863, SI,000; decedent, to keep the sum, paying S. legal interest, until demand. Decedent died in 1873. About two months before the death, S. demanded payment. A claim was allowed by widow, as administratrix, and Probate Judge. On hearing account of administratrix, the claim was contested by a creditor, as barred. S. claimed that decedent held as trustee. Claim rejected.</p> <p>Construing sections, C. C., 1818,1912; C. C. P., 312, 339; affirmed, 51 Cal., 215.</p>