... ..... Deering's Gen. Laws Act 1670, p. 630. Fire Insurance.. CODE OF CIVIL PROCEDURE. 524 ... 373 503 .370, 371, 372 .468, 469, 470, 471, 800 756 659 538 .482, 484 424 REPORTS OF CASES DETERMINED IN THE DISTRICT COURTS OF APPEAL OF THE STATE OF CALIFORNIA. [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 necessary 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. |