Cerf v. Phillips
California Supreme Court
Appeal from the judgment of the Superior Court of San Luis Obispo County, and. from an order refusing a new trial. The action was brought by the assignee in insolvency of the firm of Mattie Brothers, for the claim and delivery of certain personal property assigned to them by the insolvents, on the 4th of December, 1884. The complaint alleged that on that day the firm of Mattie Brothers was insolvent, and that a petition in insolvency was filed against them on the 27th of…
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Appeal from the judgment of the Superior Court of San Luis Obispo County, and. from an order refusing a new trial. The action was brought by the assignee in insolvency of the firm of Mattie Brothers, for the claim and delivery of certain personal property assigned to them by the insolvents, on the 4th of December, 1884. The complaint alleged that on that day the firm of Mattie Brothers was insolvent, and that a petition in insolvency was filed against them on the 27th of December, 1884, under which they were subsequently adjudged insolvent, and the plaintiff was appointed their assignee; that…
1Opinion of the Court
Foote, C.
—This is an action of claim and delivery. The appeal is from a judgment in favor of the plaintiff, and from an order refusing the defendants a new trial.
The defendants demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, because, as they say, no demand was alleged to have been made for the possession of the property before suit was brought.
If the facts set out in the pleading objected to were true, and for the present purpose they must be so treated, the defendants were never lawfully in possession of the property in…
2Cases cited2 opinions
- Surles v. SweeneyOregon Supreme Court · 1883
- Bull v. HoughtonCalifornia Supreme Court · 1884
3Cited by3 opinions
- Sievertsen v. Paxton-Eckman Chemical Co.Supreme Court of Iowa · 1911
- Commercial & Savings Bank of Stockton v. FosterCalifornia Supreme Court · 1930
- Guerin v. BlairCalifornia Supreme Court · 1949