Richman v. Green

MOORE, P. J.

Appellant demands reversal of a judgment in favor of the plaintiff for $9,642 damages for personal injuries allegedly sustained in an elevator accident. Richman sued Green and appellant Fishman as the alleged owners of the building in which the elevator was maintained.

By his answer, Green denied the majority of plaintiff’s allegations; admitted that he was the “record owner” of the building, but alleged that “said property is in truth and in fact owned by Louis Fishman.” Appellant’s answer declared that

“N. G.

Green is the record owner” and admitted that Fishman

“is an owner

of the Stimson Building.” At the trial of the cause, it was proved that Green took title to the property without payment of any consideration; that only Fish-man paid the consideration and deemed himself to be sole owner of the building; that Green took title as an accommodation to his father-in-law, Fishman, inasmuch as the latter lacked facility in reading and writing English; that Green was never physically present in the building; nor was he ever a participant in its actual administration, nor collected any income from the building; nor paid any expenses; and was indemnified by appellant against liability to third persons. The sum total of the proof was that Green held bare legal title. The controversy having been submitted, the court made findings and conclusions in favor of respondent but relieved Green of liability and entered judgment against Fishman and the other defendants.

[472]

On motion of Green’s attorney, this court by its order dismissed Fishman’s appeal as to Green on June 8, 1956, for the reason that Fishman had no standing to complain of the success of Green in defeating liability.

(Curran

v.

Heslop,

115 Cal.App.2d 476, 483 [252 P.2d 378] ;

Click

v.