Faulkner v. Hendy

Citations

• 123 Cal. 467
• 56 P. 99
• 1899 Cal. LEXIS 1100

Syllabus

<p>Estates of Deceased Persons—Action Pending against Decedent— Presentation of Claim—Insufficient Proof.—The claim of the plaintiff to a money judgment founded upon an allegation of indebtedness, in an action pending against the deceased person at • the time of his death, is not sufficiently shown to have been presented as a claim against his estate by a document showing a claim presented in favor of a third person as assignee, though verified by the substituted plaintiff, in the action in behalf of such third person, and showing that the claim presented was for an interest in the estate held by the deceased at the time of his death of a certain estimated value.</p> <p>Id.—Reference in Claim to Litigation.—The character of the claim presented is not changed by the statement that the claim “is being litigated in an action” between the parties.</p> <p>Id.—Action for a Share of Profits—Presentation of Claim;—Law of Case.—In an action to recover money claimed to be due for an alleged share of profits in the business of the decedent, a decision rendered upon a former appeal, to the effect that the claim of the plaintiffs was of such a nature that it required to be presented as a claim against the estate of the decedent, is the law of the case upon a subsequent appeal.</p>