Bell v. McClellan
California Supreme Court
Appeal from a judgment of the Superior Court of Butte County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Belcher, C. C.
This is an action to recover the possession or value of two hay-presses.
It appears that the presses were the property of one Duncan, and were stored on the farm of McNulty, his brother-in-law. On the 19th day of January, 1884, Duncan sold the presses to the plaintiff, in satisfaction of an indebtedness then due from him to the plaintiff.
The plaintiff received a bill of sale of the presses, and immediately wrote to McNulty, stating that he had bought them from Duncan, and asking McNulty to hold them for him. Duncan gave McNulty no notice of the sale. The presses remained stored…
2Cases cited4 opinions
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Cahoon v. MarshallCalifornia Supreme Court · 1864
- Hesthal v. MylesCalifornia Supreme Court · 1879
3Cited by7 opinions
- George v. PierceCalifornia Supreme Court · 1898
- Etchepare v. AguirreCalifornia Supreme Court · 1891
- Taylor v. WoodenSupreme Court of Oklahoma · 1911
- Howe v. JohnsonCalifornia Supreme Court · 1895
- Murphy v. BraaseIdaho Supreme Court · 1893
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