Cravens v. Dewey
California Supreme Court
Appeal from the Fifteenth District. On the 25th of November, 1857, Goodwin & Cravens being indebted to defendant, Dewey, in the sum of five thousand three hundred dollars, agreed to sell to him their stock of goods, in their store at Spanish Ranch, together with their hogs, cows, mules, etc. The goods, etc. were inventoried and estimated at seven thousand dollars, which was agreed to be the consideration of the sale.
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Appeal from the Fifteenth District. On the 25th of November, 1857, Goodwin & Cravens being indebted to defendant, Dewey, in the sum of five thousand three hundred dollars, agreed to sell to him their stock of goods, in their store at Spanish Ranch, together with their hogs, cows, mules, etc. The goods, etc. were inventoried and estimated at seven thousand dollars, which was agreed to be the consideration of the sale. A bill of sale was executed by Goodwin & Cravens to Dewey, in which the consideration is thus stated: “For the sum of seven thousand dollars to us in hand paid, in lawful money…
1Opinion of the Court
Baldwin, J. delivered tho opinion of the Court
Terry, C. J. concurring.
This action was brought to recover a sum of money due for goods sold by Goodwin and plaintiff, partners, to the defendant, Goodwin assigning bis interest to the plaintiff. The case having been tried by the Court a nonsuit was ordered, from which plaintiff appeals. Two errors are assigned :
First—That Goodwin, who was offered as a witness for plaintiff, was rejected as incompetent. If in any case one partner can assign to another his interest in a firm claim and afterwards become a witness for him, he could not in this case,…
2Cited by8 opinions
- Harrington v. H. D. Lee Mercantile Co.Montana Supreme Court · 1934
- Later v. HaywoodIdaho Supreme Court · 1906
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- Dow v. Gould & Curry Silver Mining Co.California Supreme Court · 1867
- Craig v. Hesperia Land & Water Co.California Supreme Court · 1895
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