Cassin v. Marshall
California Supreme Court
Appeal from the Sixth District. Suit against a Sheriff for damages for an illegal seizure and sale of plaintiff’s property.
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Appeal from the Sixth District. Suit against a Sheriff for damages for an illegal seizure and sale of plaintiff’s property. On the ninth of February, 1860, Joseph Virgo, who was insolv- ^ ent, sold his saloon and bar fixtures, liquors, etc., to Cassin and Covey, and delivered them possession under the following circumstances : On said day, Folsom, the barkeeper of Virgo, held two of his notes, one dated about six months previously, for three hundred and twenty dollars, and the other dated Feb. 9th, for two hundred and sixty-eight dollars and sixty-three cents, both payable on demand. Virgo…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
We have attentively examined this ease, and find no error in the record, except as hereinafter explained. It is not necessary to examine the various points in detail, as no new principle would be settled thereby. The case does not come within the principle of the case of Taylor v. Robinson (14 Cal. 396). It does not rest with the defendant to inquire whether Cassin properly or improperly used the notes of Virgo owned by Miss Carroll. If she is satisfied with the use made by Cassin of her property, it does not rest with the defendant to inquire into the consideration of the…
2Cases cited1 opinion
- Taylor v. RobinsonCalifornia Supreme Court · 1859
3Cited by7 opinions
- Levy v. ScottCalifornia Supreme Court · 1896
- Millison v. Ades of Lexington, Inc.Court of Appeals of Maryland · 1971
- Montgomery v. SayreCalifornia Supreme Court · 1893
- Albert Steinfeld & Co. v. BroxholmeCalifornia Court of Appeal · 1922
- Brasher v. HoltzSupreme Court of Colorado · 1888
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