Roberts v. Evans
California Supreme Court
Appeal from the District Court of the Sixteenth Judicial District, Kern County. The defendant, on the trial, asked the Court to give the following instruction to the jury, which was refused. It is the third instruction referred to in the opinion: “ If the jury believe that Evans, the defendant, purchased the shoes and dies in question, in good faith, of Ellsworth, and without notice of fraud, then you will find for defendant.” The other facts are stated in the opinion.
1Opinion of the Court
By the Court,
Belcher, J.:
This is an action to recover the value of certain cast-iron shoes and dies, alleged in the complaint to have been sold and delivered by the plaintiff to the defendant. The answer denies that the defendant purchased or received the shoes and dies from the plaintiff'. The plaintiff had judgment, and the appeal is from the judgment and from an order overruling the defendant’s motion for"new trial.
*382The testimony shows that the shoes ancl dies were the property of the plaintiff, and that they were at a quartz mine owned by him in Kern County; that in December, 1869, one…
2Cases cited1 opinion
- Fratt v. ClarkCalifornia Supreme Court · 1859
3Cited by21 opinions
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- Lehmann v. SchmidtCalifornia Supreme Court · 1890
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