Hurlburd v. Bogardus
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action to recover the value of four mules, harness, and wagon, of the value of $1150. McKean and Strohn were the owners of a certain team of mules, harness, and wagon, which they used in hauling quartz-rock to their quartz-mill, in Grizzly Flat, El Dorado county. This team was driven by one. Laycock, a hired hand in their employ.
Read the full summary
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. This was an action to recover the value of four mules, harness, and wagon, of the value of $1150. McKean and Strohn were the owners of a certain team of mules, harness, and wagon, which they used in hauling quartz-rock to their quartz-mill, in Grizzly Flat, El Dorado county. This team was driven by one. Laycock, a hired hand in their employ. On the 22d day of October, 1857, they being indebted by promissory note to the plaintiffs Hurlburds, executed and delivered to them, in consideration of §1000, a bill…
1ConcurrenceBaldwin, J.
In this case, there was no such actual and continued change in the possession of the property, under plaintiffs’ purchase, as to take the case out of the operation of the Statute of Frauds. It remained in charge of the same person, at the same place, and was used in the same manner after as before such purchase.
Judgment affirmed.
2Cited by6 opinions
- Heinlen v. BeansCalifornia Supreme Court · 1886
- Abrahams v. JonesAppellate Court of Illinois · 1886
- Brown v. Federal Surety Co.Montana Supreme Court · 1932
- Gray v. SullivanNevada Supreme Court · 1876
- Raddatz v. HedgpethCalifornia Court of Appeal · 1963
1 more not listed; retrieve them via the Exa API.