Miles v. Thorne

Citations

• 38 Cal. 335

Syllabus

<p>Statute of Limitations, on Demubbeb. — On demurrer to a complaint, founded upon the Statute of Limitations, if .the complaint fails to show whether the contract in suit was verbal or in writing, it will be presumed to have been in writing for all the purposes of the demurrer.</p> <p>Idem.—On appeal, all presumptions are in favor of the judgment; and if a demurrer to a complaint, founded upon the Statute of Limitations, has been sustained, and the transcript fails to show when the action was commenced, it will be presumed that it was not commenced until after the statute- had run.</p> <p>Statute of Limitations—Expbess Tbust.—The Statute of Limitations does not begin to rim in the case of an express trust, until the trustee, with the knowledge of the cestui que trust, has disavowed and repudiated the trust.</p> <p>Expbess Tbust.—T. agreed with 3L that if they could obtain a road franchise from the Legislature in T.’s name, and M. would draw a hill to that effect, and would construct half the road, he constructing the other half, they should be equal owners and divide the tolls. M. drew the hill, which became a law, and constructed his half of the road; then, by express agreement, T. took possession of the road and collected the tolls on mutual account. Held, to he an express trust. ■</p> <p>Public Policy.—M., for a consideration, promised to draft a bill for a franchise in favor of T., and to place it in the hands of some member of the Legislature, to he introduced in that body, but did not promise to work for its passage, either secretly or openly. Held, that the promise was not contra bonos mores.</p> <p>Idem.—A person may, without any violation of public policy, for hire, work for the passage of hills by the Legislature, provided he does not conceal his interest in the matter, hut lets it be known and understood by the members whose judgment he undertakes to influence.</p>