Bacon v. Scannell
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. In 1851, the plaintiff Bacon, and E. L. Boardman, commenced business in the city of San Francisco, as hardware merchants, under the style of Boardman, Bacon & Co. The business was continued until the twenty-fourth day of May, 1856, at which time the partnership was dissolved, and Bacon went out of the business.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. In 1851, the plaintiff Bacon, and E. L. Boardman, commenced business in the city of San Francisco, as hardware merchants, under the style of Boardman, Bacon & Co. The business was continued until the twenty-fourth day of May, 1856, at which time the partnership was dissolved, and Bacon went out of the business. From this time to the twenty-first of June, 1856, the business was carried on by Boardman, he having exclusive possession of the goods and business. From the twenty-fourth of May to the…
1Opinion of the CourtBurnett, J.
This is a case where the vendor of a stock of goods was employed by the purchaser as a clerk to sell them. The goods *273were attached as the property of the clerk, by his creditors, and sold by defendant Scannell as sheriff. This suit was brought to recover the value of the goods; and the Court below instructed the jury that if they believed the testimony of plaintiff's witness (the clerk,) they must find for the defendants.
The instruction of the Court was correct. This case falls within the principle settled in the cases of Fitzgerald and Brown v. Gorham, (4 Cal. R., 289; Stewart v. Scannell, 8…
2Cases cited1 opinion
- Stewart v. ScannellCalifornia Supreme Court · 1857
3Cited by2 opinions
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Reynolds v. BeckMissouri Court of Appeals · 1904