Horr v. Barker
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was an action for unlawfully taking and detaining 1664 barrels of flour belonging to plaintiff, of which 1340 barrels were Gallego flour, and 324 barrels were Haxall. The action was brought against A. H. Barker and 1ST. C. Paddock, and the members of the firm of Tilden & Little. The suit was discontinued as to the latter. Barker and Paddock plead the general issue.
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Appeal from the District Court of the Twelfth Judicial District. This was an action for unlawfully taking and detaining 1664 barrels of flour belonging to plaintiff, of which 1340 barrels were Gallego flour, and 324 barrels were Haxall. The action was brought against A. H. Barker and 1ST. C. Paddock, and the members of the firm of Tilden & Little. The suit was discontinued as to the latter. Barker and Paddock plead the general issue. The agreed statement discloses the following facts: Prior to February 8th, 1854, Messrs. Hussey, Bond & Hale had a large quantity of flour on storage with Tilden…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Justice Terry concurred.
On the 8th February, one West had in store 3276 barrels of Gallego flour, and 572 barrels of Haxall flour.
Subsequently, West sells at two different periods to the plaintiffs, an aggregate of 1700 barrels of the Gallego, and 324 barrels of the Haxall, but .which at the time of the respective sales were not separated from the bulk of West’s flour.
Subsequent orders of West in favor of other purchasers, to whom the flour was delivered, reduced the amount in store of the original bulk, before the seizure…
2Cited by2 opinions
- Pacific Grape Products Co., a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
- Young v. MilesWisconsin Supreme Court · 1866