Putnam v. Lamphier
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. The plaintiff brought suit against the defendant to recover the possession of four certain mules, four sets of harness, and a wagon, or their value, alleged to be seven hundred and fifty dollars.
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Appeal from the District Court, Eleventh Judicial District, El Dorado County. The plaintiff brought suit against the defendant to recover the possession of four certain mules, four sets of harness, and a wagon, or their value, alleged to be seven hundred and fifty dollars. The defendant denied plaintiff’s title as alleged, and pleaded a sale and delivery by him before suit brought of the demanded property to W. L. Perkins & Co. All of said property, except one mule and one set of harness, was delivered to the plaintiff by the Sheriff of El Dorado County, under a writ of replevin issued at the…
1Opinion of the Court
By the Court, Rhodes, J. :
The application of the rule that the finding will not be disturbed when there is a manifest conflict in the evidence, depends in no measure upon the question whether any of the witnesses are interested in the event of the suit. The credit to be given to their testimony, however attacked, must be determined in the Court below.
In treating of conditional sales, Parsons, in his work on Contracts, Vol. I, p. 449, says: “But where the right to receive payment before delivery is waived by the seller, and immediate possession is given to the purchaser, and yet by express…
2Cases cited4 opinions
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Smith v. . LynesNew York Court of Appeals · 1851
- Wright v. SolomonCalifornia Supreme Court · 1861
- Haggerty v. PalmerNew York Court of Chancery · 1822
3Cited by13 opinions
- Van Allen v. FrancisCalifornia Supreme Court · 1899
- Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
- Chetwood v. California National BankCalifornia Supreme Court · 1896
- Liver v. MillsCalifornia Supreme Court · 1909
- Morris v. AllenCalifornia Court of Appeal · 1911
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