Adams v. Gorham
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. The plaintiffs, Adams, Welch & Co., brought this action against Win, R. Gorham, the Sheriff of San Francisco county, and Tilden & Little, warehouse men, for the specific recovery of one hundred and sixty-two barrels of Gallego flour, and damages for detention.
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Appeal from the District Court of the Twelfth Judicial District. The plaintiffs, Adams, Welch & Co., brought this action against Win, R. Gorham, the Sheriff of San Francisco county, and Tilden & Little, warehouse men, for the specific recovery of one hundred and sixty-two barrels of Gallego flour, and damages for detention. Gorham answered, justifying the seizure under a writ of replevin in the suit of Barker & Paddock against Tilden & Little, for two thousand and fifty-four barrels of flour. The facts, as appearing in the statement, are as follows: Hussey, Bond & Hale, merchants, had stored…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
This action being for the recovery of specific property, it was necessary to show, as against the sheriff, that the portion claimed by the plaintiffs had been severed, and designated from the bulk out of which it was sold. Otherwise there is no mode of identification. This results from the character and nature of the action.
But, in favor of the other defendants, Tilden & Little, the same reasoning cannot be invoked. They were warehouse men, and gave their receipt for three hundred barrels of…
2Cited by3 opinions
- McLaughlin v. PiattiCalifornia Supreme Court · 1865
- Horr v. BarkerCalifornia Supreme Court · 1858
- Cook v. HathawaySan Fransisco District Court · 1857