Pelberg v. Gorham
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The facts will be found fully reported in 10 Cal. 120. The plaintiffs recovered judgment in the Court below, and defendant appealed.
Read the full summary
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The facts will be found fully reported in 10 Cal. 120. The plaintiffs recovered judgment in the Court below, and defendant appealed. On the trial, plaintiffs introduced evidence tending to show that plaintiff Glazier, who executed the release, had an interest in the goods only to the amount of thirteen hundred and fifty doEars; and that Pelburg had an agreement with him, before the seizure of the goods by the Sheriff, that on payment of said amount to him, Pelberg should become the sole owner of the…
1Opinion of the CourtCrocker, J.
This is an action to recover damages for an alleged seizure of goods claimed by Pelberg and Glazier, by the defendant, as Sheriff of the County of San Francisco. The defendant set up as a defense, that since the commencement of the suit, one of the plaintiffs, Glazier, had released the cause of action. This release, the plaintiff Pelberg contends, was made for the purpose of defrauding him. The case has been previously before this Court, and will be found reported in 10 Cal. 120.
On the trial, after the return of the remittitur, the defendant asked the Court to give the following instruction…
2Cases cited1 opinion
- Perlberg v. GorhamCalifornia Supreme Court · 1858
3Cited by2 opinions
- Weaver v. AshcroftTexas Supreme Court · 1878
- A. Meister & Sons Co. v. HarrisonCalifornia Court of Appeal · 1922