[Civ. No. 1674. Third Appellate District.-October 16, 1917.] J. B. CURTIN, Appellant, v. BLACK OAK DEVELOPMENT COMPANY (a Corporation), Respondent.
APPEAL JUDGMENT STATEMENT OF JUDGE IN ORAL DECISION-RECORD.
On an appeal from a judgment, a statement of facts made by the
trial judge in rendering his oral decision, although printed in the
appellant's brief, cannot be treated as forming any part of the
record, nor used to supply findings or to influence the judgment in
any way.
ID.-FINDINGS TO SUPPORT JUDGMENT - PRESUMPTION. -On an appeal
from a judgment the appellate court must presume that the trial
judge found every fact warranted by the evidence which is neces-
sary to support the judgment.
ID.-RECOVERY OF MONEY DISBURSED BY ATTORNEY-KNOWLEDGE OF
DEFENDANT EVIDENCE.-In this action by an attorney acting as a
disbursing agent of certain funds, and who claimed that he made
the payment in question out of his own funds with the knowledge
and acquiescence of the president of the corporation defendant, it
is held the evidence was sufficient to warrant a finding that such
president had no knowledge of the payment until suit was brought.
APPEAL from a judgment of the Superior Court of
Tuolumne County. G. W. Nicol, Judge.
The facts are stated in the opinion of the court.