Legal Opinion

Nightingale v. Scannell

California Supreme Court

Decided July 1, 1861PublishedCited by 29 opinions

Appeal from the Fourth District. Action for damages for the seizure and conversion of oil, tallow, camphene fixtures, and various implements connected with an establishment for the manufacture of camphene in the city of San Francisco.

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Appeal from the Fourth District. Action for damages for the seizure and conversion of oil, tallow, camphene fixtures, and various implements connected with an establishment for the manufacture of camphene in the city of San Francisco. The complaint avers that plaintiff was, on the first of October, 1855, the owner of an undivided third of the property abovenamed, in the “ store occupied by the late firm of Gilbert & McCombe,” where plaintiff and McCombe were doing business; that defendants Seannell and Crowther seized and converted this stock in trade, worth $2,649.30, thereby destroying…

1Opinion of the CourtCope, J.

Field, C. J. concurring.

The complaint in this case charges the defendants Scannell and Crowther, with the seizure and conversion of certain goods and chattels belonging to the plaintiff and one McCombe. McCombe, refusing to unite with the plaintiff in bringing the suit, was made a defendant, in accordance with the fourteenth section of the Practice Act. The trespass is charged to have been committed willfully and with malicious motives, and various matters are set forth in the complaint as grounds of' special relief. The complaint states, among other things, that the plaintiff and McCombe…

2Cases cited5 opinions

  1. Dorsey v. ManloveCalifornia Supreme Court · 1860
  2. Kiler v. KimbalCalifornia Supreme Court · 1858
  3. Kimball v. GearhartCalifornia Supreme Court · 1859
  4. Phelps v. OwensCalifornia Supreme Court · 1858
  5. Martin v. TraversCalifornia Supreme Court · 1859

3Cited by29 opinions

  1. Smith v. WadeSupreme Court of the United States · 1983
  2. Grimshaw v. Ford Motor Co.California Court of Appeal · 1981
  3. Davis v. HearstCalifornia Supreme Court · 1911
  4. Scott v. Times-Mirror Co.California Supreme Court · 1919
  5. Daley v. RussCalifornia Supreme Court · 1890

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