Seligman v. Kalkman
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The facts of this case are sufficiently stated in the opinion of the Court, with the exception of the third instruction given to the jury, under the exception of plaintiff's counsel, which was as follows: “ The circumstance of Ealkman & Co.'s insolvency, even if they knew their situation at the time of the purchases, would not, of itself, show that the purchases were fraudulent; for a party doing a large business,…
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Appeal from the Superior Court of the City of San Francisco. The facts of this case are sufficiently stated in the opinion of the Court, with the exception of the third instruction given to the jury, under the exception of plaintiff's counsel, which was as follows: “ The circumstance of Ealkman & Co.'s insolvency, even if they knew their situation at the time of the purchases, would not, of itself, show that the purchases were fraudulent; for a party doing a large business, although the balance is against him, may honestly believe he can, in the course of trade, overcome his embarrassment ;…
1Opinion of the CourtBurnett, J.
The defendants Kalkman and Meyer were merchants doing business in San Francisco and Sacramento City, under the firm name of P. Kalkman & Co. They had been previously in the habit of purchasing goods on credit from the plaintiffs. Between the first of January and the twelfth of March, 1856, defendants *213purchased several parcels of goods, on time, amounting in all to about the sum of eleven thousand dollars. On the fourteenth of April, 1856, the defendant Meyer commenced a suit against Kalkman for a dissolution of the partnership, upon the ground of gross misconduct on the part of Kalkman; and…
2Cited by6 opinions
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- Bell v. EllisCalifornia Supreme Court · 1867
- Brower v. GoodyerIndiana Supreme Court · 1883
- Klopenstein v. MulcahyNevada Supreme Court · 1868
- Syracuse Knitting Co. v. BlanchardSupreme Court of New Hampshire · 1898
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