Bell v. Ellis
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 24th of October, 1863, the plaintiffs sold and delivered to Wegener & Shoenbar fifty hales of tea on ninety days credit. The transaction was in the ordinary course of mercantile business, Wegener & Shoenbar being in excellent credit.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 24th of October, 1863, the plaintiffs sold and delivered to Wegener & Shoenbar fifty hales of tea on ninety days credit. The transaction was in the ordinary course of mercantile business, Wegener & Shoenbar being in excellent credit. Six days afterwards, the house was attached for amounts exceeding the immediately available assets, and these teas seized by the defendant as Sheriff. The plaintiffs then brought this suit in replevin against the Sheriff for the teas, and based their right to a…
1Opinion of the Court
By the Court, Sanderson, J.:
Whether we regard the validity of the sale from the plaintiffs to Wegener & Shoenbar as depending solely upon the question whether the latter were insolvent on the 24th of October, 1863, the date of the sale, or upon that fact, accompanied by other circumstances, it seems to us that the defendant ought to have been allowed to prove the value of the good will of the business of Wegener & Shoenbar. While it may be true that the good will of a trade or business will not go far toward the payment of debts when the creditors of the concern take possession, by judicial…
2Cases cited1 opinion
- Seligman v. KalkmanCalifornia Supreme Court · 1857
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