Bone v. Hayes

154 Cal. 759 ·

Supreme Court of California · Filed December 22, 1908

Published · citable Cited by 1

Holding

The court held that the trial court’s finding—that the defendant agent did not receive corporate stock as a bonus for bond purchases made with his principal’s funds—was not supported by substantial evidence, and that the plaintiff had made out a prima facie case for breach of fiduciary duty which the defendant’s silence at trial only served to strengthen.

Statutes construed

CCP § 2061
CIV § 2219

Cited by (1)

JAMES S. SIMPSON, Plaintiff and Appellant, v. ERNEST F. BERGMANN, as Executor, etc., et al., Defendants and Respondents; E. C. POWER et al., Defendants and Appellants; SOUTHERN LUMBER COMPANY (a Corporation) et al., Plaintiffs and Appellants, v. ERNEST F. BERGMANN, as Executor, etc., et al., Defendants and Respondents; E. C. POWER et al., Defendants and Appellants (1932) 125 Cal. App. 1