Legal Opinion

Pacific Vinegar & Pickle Works v. Smith

California Supreme Court

Decided November 12, 1904No. S.F. No. 2674PublishedCited by 39 opinions

The facts are stated in the opinions of the court. J. C. Campbell, W. H. Metson, Campbell, Metson & Campbell, and John Garber, for Appellant. The contracts involved a breach of trust, and were illegal and not enforceable. (Morawetz on Private Corporations, sec. 517; West St. Louis Bank v. Bank, 95 U. S. 557; Chamberlain v. Pacific etc. Co., 54 Cal. 103; Graves v. Mining Co., 81 Cal. 308; Civ.

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The facts are stated in the opinions of the court. J. C. Campbell, W. H. Metson, Campbell, Metson & Campbell, and John Garber, for Appellant. The contracts involved a breach of trust, and were illegal and not enforceable. (Morawetz on Private Corporations, sec. 517; West St. Louis Bank v. Bank, 95 U. S. 557; Chamberlain v. Pacific etc. Co., 54 Cal. 103; Graves v. Mining Co., 81 Cal. 308; Civ. Code, sec. 2230; Wickersham v. Crittenden, 93 Cal. 17, 29; San Francisco Water Co. v. Pattee, 86 Cal. 623, 629; Wright v. Oroville etc. Mining Co., 40 Cal. 20, 27; Davis v. Rock Creek etc. Mining Co., 55…

1Opinion of the Court

From the decision of this court in Bank, rendered in the above-entitled cause February 11, 1904, and hereafter set forth, a rehearing was granted, to the end that a finding made by the trial court, to the effect that the Pacific Vinegar and Pickle Works ratified and approved each and every indorsement placed upon the notes of the California Packing Company by Smith as president and King as secretary, should receive further consideration. It was urged in the petition for rehearing that although the principle of ratification was fully recognized in the opinion, through some oversight the…

2Cited by39 opinions

  1. Remillard Brick Co. v. Remillard-Dandini Co.California Court of Appeal · 1952
  2. Western States Life Ins. Co. v. LockwoodCalifornia Supreme Court · 1913
  3. Munson v. FishburnCalifornia Supreme Court · 1920
  4. Estate of McLellanCalifornia Supreme Court · 1936
  5. Stearns v. AbbottCalifornia Supreme Court · 1926

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