Weil v. Paul
California Supreme Court
Appeal from the Sixteenth Judicial District. One Strauss, engaged in the dry goods and clothing business, had his stock of goods attached at the suit of his creditor, and to obtain a release of the attachment sold the stock to the plaintiff, Weil, a cigar merchant, who paid or undertook to pay the attachment debt.
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Appeal from the Sixteenth Judicial District. One Strauss, engaged in the dry goods and clothing business, had his stock of goods attached at the suit of his creditor, and to obtain a release of the attachment sold the stock to the plaintiff, Weil, a cigar merchant, who paid or undertook to pay the attachment debt. Within a day or two after the sale, plaintiff received the goods from the Sheriff and removed them to his cigar store, where they were placed, some in boxes under the counter and some in a back room. A few days after, Strauss, under an alleged contract with Weil that the latter…
1Opinion of the CourtCrocker, J.
This is an action against the Sheriff and his sureties on his official bond to recover the value of certain personal property, consisting of dry goods and clothing, which had been taken by Paul, as Sheriff of Calaveras County, under an attachment against one Strauss, from whom the plaintiff had purchased them. It seems that the Sheriff had previously levied upon the same property, under a prior attachment against Strauss, and that while the goods were thus in bis possession Strauss sold them to Weil for the purpose of paying off the attachment, and the Sheriff, after the payment of the debt,…
2Cases cited1 opinion
- Barrett v. TewksburyCalifornia Supreme Court · 1860
3Cited by6 opinions
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Southern California Collection Co. v. NapkieCalifornia Court of Appeal · 1951
- Hogan v. ShuartMontana Supreme Court · 1892
- Claypool v. Malta Standard GarageMontana Supreme Court · 1934
- Brown v. Federal Surety Co.Montana Supreme Court · 1932
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