Wright v. Solomon
California Supreme Court
Appeal from the Twelfth District. Action for the delivery of personal property. Complaint in the •usual form, with the proper statutory averments, alleging that plaintiff, on or about Nov. 4th, 1858, was owner and entitled to the possession of one hundred bales of gunny bags of the value of $4,000; that the same came into possession of defendant on that day, and that he wrongfully detains them after demand made, etc., to plaintiff’s damage of $4,000. Prayer for possession,…
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Appeal from the Twelfth District. Action for the delivery of personal property. Complaint in the •usual form, with the proper statutory averments, alleging that plaintiff, on or about Nov. 4th, 1858, was owner and entitled to the possession of one hundred bales of gunny bags of the value of $4,000; that the same came into possession of defendant on that day, and that he wrongfully detains them after demand made, etc., to plaintiff’s damage of $4,000. Prayer for possession, or the value in case delivery cannot be had. The answer sets up two defenses: 1st, denying specifically all the…
1Opinion of the CourtField, C. J.
—Baldwin, J. and Cope, J. concurring.
That a factor cannot pledge, as security for the payment of his *72individual debt, the goods of his principal consigned to him for sale, has been the established doctrine of the common law for more than a century. It was first declared in Patterson v. Task (2 Strange, 1178) as early as 1748, and has been uniformly adhered to ever since in the Courts of England, except where it has been modified by Acts of Parliament. It is also the settled law in all our sister States of the Union, where the Legislature has not interfered to make a change. In this State,…
2Cases cited6 opinions
- Kinder v. ShawMassachusetts Supreme Judicial Court · 1807
- Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
- Benny v. RhodesSupreme Court of Missouri · 1853
- Buckley v. PackardNew York Supreme Court · 1823
- Horr v. BarkerCalifornia Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Myers v. StephensCalifornia Court of Appeal · 1965
- Carter v. RowleyCalifornia Court of Appeal · 1922
- Starkweather v. ConnerArizona Supreme Court · 1934
- Chase v. WhitmoreCalifornia Supreme Court · 1886
- Durkee v. CarrOregon Supreme Court · 1900
19 more not listed; retrieve them via the Exa API.