Stringer v. Davis
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 18th of March, 1865, Armstrong. & Wimmer purchased from plaintiff Stringer a quantity of upholstery and furniture, and to secure a part of the purchase money executed a' chattel mortgage on the -same. Armstrong & Wimmer were keeping a house called the “Willows,” at San Francisco.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 18th of March, 1865, Armstrong. & Wimmer purchased from plaintiff Stringer a quantity of upholstery and furniture, and to secure a part of the purchase money executed a' chattel mortgage on the -same. Armstrong & Wimmer were keeping a house called the “Willows,” at San Francisco. On the 18th day of May, 1865, one Martin D. Heynemann recovered a judgment against Armstrong in the District Court of the Twelfth Judicial District, City and County of San Francisco, and on the day following procured an…
1Opinion of the Court
By the Court, Sanderson, J.:
I. Both complaint and answer are in a measure obnoxious to criticism, but the latter is not more so than the former. The vital fact in-the plaintiff’s cause of action is as defectively alleged as it is denied. The plaintiff’s right to the property is founded primarily upon a chattel mortgage given by Armstrong & Wimmer to secure the purchase money to the plaintiff from whom they bought the goods. To render such a mortgage valid it must appear among other matters that the furniture and upholstery was actually used in a hotel or public boarding house. This fact is…
2Cited by27 opinions
- Guidery v. GreenCalifornia Supreme Court · 1892
- In re the Estate of DoyleCalifornia Supreme Court · 1887
- Borchard v. Board of SupervisorsCalifornia Supreme Court · 1904
- Hauser v. Pacific Gas & Electric Co.California Court of Appeal · 1933
- Burns v. ScooffyCalifornia Supreme Court · 1893
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