Supreme Court of California
178 P. 498 (1917)
Samuel Prather (Samuel) held a seat on the board of directors and leadership of Merced Stone Co. (Merced) (defendant). In this position, Samuel had access to Merced’s books and financial statements. Merced owed a significant monetary debt to Thomas Prather (Thomas), Samuel’s brother. When Thomas was about to die, he allegedly made a verbal gift of the debt he was owed by Merced to Samuel. Thomas knew of Samuel’s position in leadership in Merced and thus knew of Samuel’s ability to change Merced’s financial statements to reflect that Merced was indebted to Samuel instead of Thomas. The possibility that Samuel would change Merced’s financial statements in such a manner was never discussed between Thomas and Samuel, however. There was no evidence that Thomas actually delivered his interest in the debt owed by Merced to Samuel beyond Samuel’s testimony regarding that fact. After Thomas died, Samuel took over Thomas’ interest in Merced. Adams (plaintiff), executor of Thomas’ estate, brought suit against Merced in California state court seeking to recover Thomas’ interest in Merced’s debt. The trial court entered judgment for Merced, and Adams appealed.
Rule of Law
Holding and Reasoning (Shaw, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.