Klopenstein v. Mulcahy
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. This was an action of replevin brought by Joseph Klopenstein and Andrew Klopenstein, partners, doing business in San Francisco, under the firm name of Klopenstein & Co., against the Sheriff of Storey County, to recover certain groceries, alleged to be of the value of five thousand dollars or thereabouts, sold by them to Numa Grange, of Virginia City.
Read the full summary
Appeal from the District Court of the First Judicial District, Storey County. This was an action of replevin brought by Joseph Klopenstein and Andrew Klopenstein, partners, doing business in San Francisco, under the firm name of Klopenstein & Co., against the Sheriff of Storey County, to recover certain groceries, alleged to be of the value of five thousand dollars or thereabouts, sold by them to Numa Grange, of Virginia City. The defendant in his answer, among other defenses, set up a justification as Sheriff under writs of attachment and execution on two certain suits commenced by the firm…
1Opinion of the Court
By the Court,
Lewis, J.
Some time during the summer of 1866, one Numa Grange, who was then engaged in the mercantile trade in Virginia City, began to purchase goods of the plaintiffs, who were in the ■ same trade in the city' of San Francisco, under these circumstances: Being introduced to the plaintiff Joseph Klopenstein, by a mutual acquaintance, Grange stated that he wished to purchase a small bill of goods upon a credit of forty-five days. Before selling the goods Klopen-stein made some inquiries of Grange as to his financial condition, and his standing with the merchants with whom he had…
2Cases cited3 opinions
- Mitchell v. WordenNew York Supreme Court · 1855
- Buckley v. ArtcherNew York Supreme Court · 1854
- Seligman v. KalkmanCalifornia Supreme Court · 1857
3Cited by4 opinions
- Butte Hardware Co. v. KnoxMontana Supreme Court · 1903
- Burchinell v. HirshColorado Court of Appeals · 1895
- Richardson-Roberts-Byrne Dry Goods Co. v. GoodkindMontana Supreme Court · 1899
- Burchinell v. HirshColorado Court of Appeals · 1895