Jamison v. King

Citations

• 50 Cal. 132
• 1875 Cal. LEXIS 107

Syllabus

<p>Ambiguous Complaint.—The defendant is entitled to a distinct averment in the complaint of the facts which the plaintiff claims to exist, and if the averments are in the alternative, the complaint is ambiguous, even if either averment states a cause of action.</p> <p>Constbuction op a Finding op Fact.—A finding that the indorsement and delivery of a policy of life insurance were “not solely in consideration of a pre-existing debt, but chiefly as a gift,” is in effect a finding that there was a valuable consideration, which was, however, in the opinion of the Court, inadequate.</p> <p>Fraud in the Sale op Peesonalts.—Inadequacy, or failure of consideration, is not of itself sufficient, even as against the creditors of an insolvent assignor, to authorize a court to find fraud, as a conclusion of law.</p>