The herald., 1893-10-12
DIR. SHORB WINS HIS CASE
THE SUPREME COURT GIVES HIN
$4,000.
A Husbands Marital Rights Defined by
the Court-A San Luis Obispo
Case Decided-A Batch of
-Four Opinions.

as administrator OF the estate of Daniel
j. Harris, va. DR.. A. s. Shorb and his
wife, Mrs. Matte L. Shorb, is decided
by the supreme court, and the opinion
was received for filing yesterday.
1t will be remembered that Daniel J.
Harris was wealthy old man, who was
cared for by DR.. and Mrs. Shorb, who
died in 1890. but before his death drew
checks for $500 and $l288. % in favor OF
Mrs. Shorb, and also gave her certifi-
cate OF deposit for $25, 900.
They claimed that these acts were
done by Mr.. Harris in appreciation OF
what they had done for him in various
ways. both in connection with caring
for him and in his domestic matters.
Several banks were included as de-
PENDANTS in which money had been on
deposit, and numerous questions we're
submitted to the jury. The findings of
the court were that the $500 check was
gift, but they went against the defend
ants as to the othe- check and the GER
tificate of deposit. The court found
none of the allegations as to fraud and
conspiracy true.
AS to the theory OF the complaint that
the $l2S8 20 check and certificate OF de-
posit we're given to Mrs. Shorb merely
for safe keeping, the supreme court says
that it supposes the findings OF the
lower court are to be construed as hold
ing that they were merely. given to her
for safe keeping. But it finds no evil
dence sufficient to sustain such g find
ing.
The check was drawn payable to Mrs.
Shorb, was immediately collected by
her and it does not appear that the de-
ceased ever called upon her for the pro-
ceeds or made any question about it. As
to the certificate of deposit for $25, 900
there was the testimony Of three wit
nesses that the deceased had expressed
his intention to give II to her as gift,
and that he did so. Moreover there,was
the unquestioned act OF his endorsing
and delivering it to Mrs. Shorb. 1t had
been previously given to her for safe
keeping. When he gave it to her as a
gift he endorsed it and not before. The
deceased was a man who owned large
properties and was in the habit of keep
ing bank accounts. The supreme court
sees no evidence upon which to found a
reasonable belief that he did not intend
to give the certificate to Mrs. Shorb.
plant that on July 3, 1890, at the time
OF the delivering of the check and GER
tificate, the deceased was OF unsound
mind, the supreme court goes at length
into the evidence. and after reviewing
it, does not consider that the finding
that he was of unsound mind at that
time is sustained. The course of DR..
and Mrs. Shorb is spoken of as perfectly
proper. and the wish of the deceased to
recompense them for their many kind
nesses legitimate. The judgment OF the
lower court against the defendants is
reversed and the cause remanded.
GRIM. CON. CASE REVERSED.
The supreme court has decided the
case OF Martin Bedan, appellant, We.
Albert Turney, respondent, caee that
went up from Los Angeles county in
1892, reversing the superior court and
ordering new trial. TIE action was
one of criminal conversation. Judg-
ment was rendered in favor of the de-
fendant and the plaintiff appealed,
assigning errors OF the court in its in
structions to the jury.
In the case of Bank of San Luis
Obispo vs.. Wickersham ct al, the su-
preme court affirms the judgment Of the
lower court.
The supreme court reverses the iudg-
ment OF the superior court in the case Of
San Gabriel Valley Land and Water
company, appellant, vs. L. W. Dennis,
respondent. It was an action to recover
from respondent, who was stockholder
of the company, the unpaid balance OF
an assessment upon 1883 shares of it's
capital stock. The supreme court holds
that the superior court erred in grant
ing non suit and should have granted
q new trial.