Cordier v. Schloss
California Supreme Court
Appeal from the Fourth District, County of San Francisco. This action in the Court below was Ernest Cordier v. M. Schloss, Joseph Heilbroner, Joseph S. Kohn, Morris Kohn and David Scannell. At the date of the transactions in the case, the defendants, M. Schloss and Joseph Heilbroner (who are the only appellants), were merchants in New York, residing there and doing business under the name of Schloss & Heilbroner.
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Appeal from the Fourth District, County of San Francisco. This action in the Court below was Ernest Cordier v. M. Schloss, Joseph Heilbroner, Joseph S. Kohn, Morris Kohn and David Scannell. At the date of the transactions in the case, the defendants, M. Schloss and Joseph Heilbroner (who are the only appellants), were merchants in New York, residing there and doing business under the name of Schloss & Heilbroner. The other defendants, Joseph S. Kohn and Morris Kohn, were dealers in San Francisco or Sacramento, under the name of Joseph S. Kohn & Brother, and insolvent. The remaining defendant,…
1Opinion of the CourtTebby, C. J.
This is a proceeding to set aside a confession of judgment made by Kohn & Co. in favor of Schloss & Heilbroner.
The allegations of fraud in the complaint are sufficiently controverted by the answer; and the evidence shows that the amount for which judgment was confessed was actually due Schloss & Heilbroner by Kohn & Co.
The case is entirely analogous to that of Richards v. McMillan et al, (6 *147Cal. 418) and as we see no reason to question the correctness of that decision, the judgment of the Court below is reversed.
Baldwin, J.
I agree with the Chief Justice in the conclusion at which he has…
2Cases cited1 opinion
- Pyatt v. BrockmanCalifornia Supreme Court · 1856
3Cited by8 opinions
- Lee v. FiggCalifornia Supreme Court · 1869
- Plaisted v. NowlanMontana Supreme Court · 1876
- Cordier v. SchlossCalifornia Supreme Court · 1861
- Wilcoxson v. BurtonCalifornia Supreme Court · 1865
- Puget Sound National Bank v. LevyWashington Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.