Legal Opinion

Brinkley-Douglas Fruit Co. v. Silman

California Court of Appeal

Decided May 10, 1917No. Civ. No. 1611PublishedCited by 11 opinions

APPEAL from a judgment of the Superior Court of Merced County, and from an order denying a new trial. E. N. Rector, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The action was originally _ brought by plaintiff against S. C. Cornell, as sheriff of Merced County, and the Title Company as surety on his official bond, for the conversion of 280 crates of sweet potatoes. After the action was commenced Cornell died and his administrator was substituted as defendant. The complaint is in the usual form for conversion. The answer denied the corporate existence of plaintiff, that plaintiff was ever the owner of the potatoes, and denied any conversion by Cornell. As a separate defense it was alleged that defendant Cornell, as sheriff, on February 26,1912, duly…

2Cases cited8 opinions

  1. Dubois v. SpinksCalifornia Supreme Court · 1896
  2. Fresno Canal & Irrigation Co. v. WarnerCalifornia Supreme Court · 1887
  3. Hilmer v. HillsCalifornia Supreme Court · 1902
  4. People v. MorleyCalifornia Court of Appeal · 1908
  5. Kellogg v. BurrCalifornia Supreme Court · 1899

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3Cited by11 opinions

  1. General Motors Acceptance Corp. v. DallasCalifornia Supreme Court · 1926
  2. Art Metal Constr. Co. v. A. F. Anderson Co.California Supreme Court · 1920
  3. Kessinger v. Organic Fertilizers, Inc.California Court of Appeal · 1957
  4. National Bank of New Zealand, Ltd. v. FinnCalifornia Court of Appeal · 1927
  5. Loop Building Co. v. DecooCalifornia Court of Appeal · 1929

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