BLEAKLEY v. CARNES

Docket No. 25980.

209 Cal.App.2d 577 (1962)

26 Cal. Rptr. 115

MARY F. BLEAKLEY, as Administratrix etc., Plaintiff and Appellant, v. JAMES R. CARNES, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

November 15, 1962.


Attorney(s) appearing for the Case

Kindel & Anderson and Paul L. Freese for Plaintiff and Appellant.

Burris & Lagerlof and Stanley C. Lagerlof for Defendant and Respondent.


WOOD, P.J.

Action to establish a constructive trust in stock of a corporation, and for an accounting. Judgment was for defendants. Defendant Couper died after judgment was entered. Plaintiff appeals from the judgment as to defendant Carnes.

Appellant asserts that the court erred in concluding that defendant Carnes did not occupy a confidential relationship as to Dr. Samuel N. Bleakley, the decedent. Even if it be assumed that such assertion is correct, it...

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