gno.law

Scott v. Donahue

California Court of Appeal · Docket No. 5690. · 1928-07-10 · Published · 269 P. 458 · 93 Cal. App. 795 · 1928 Cal. App. LEXIS 803

Robert C. Scott v. J.J. Donahue, Defendants J.S. Wrinkle, Intervener And

Proceeding
appeal from a judgment
Trial court
Superior Court of the City and County of San Francisco
Trial judge
John J. Van Nostrand
Outcome
reversed — Reversed.
Area
civil
Panel
John T. Nourse (author)

Analysis

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Opinion

MEMORANDUM CASES. Action in assumpsit to recover fifteen hundred dollars held by the defendant bank on deposit for the members of Local 198, Brotherhood of Railroad Trainmen. Before trial the money was deposited in court and is held there, awaiting distribution. A complaint in intervention was filed on behalf of a minority of the former members of Local 198 and the trial court found that the money was a trust fund for the benefit of this minority only.

[1] Upon the authority of Scott v. Donahue, ante, p. 126 [269 P. 455], the judgment is reversed, with directions to the trial court to distribute the fund as indicated in said opinion.

Koford, P.J., and Sturtevant, J., concurred. *Page 796

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