Kane v. Cook
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. In January, 1853, the plaintiffs, who are residents of Hew York, consigned certain goods to the defendant, who is a resident of this State, with instructions that the same should not bo sold at less than invoice prices. The goods were received by the defendant at San Francisco, June 20, 1853, and were sold the same day, but no account of sales was ever rendered to the plaintiffs.
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Appeal from the District Court of the Fourth Judicial District. In January, 1853, the plaintiffs, who are residents of Hew York, consigned certain goods to the defendant, who is a resident of this State, with instructions that the same should not bo sold at less than invoice prices. The goods were received by the defendant at San Francisco, June 20, 1853, and were sold the same day, but no account of sales was ever rendered to the plaintiffs. In October following, the plaintiffs instituted suit in the Supreme Court of Hew York to recover the proceeds of the consignment, made publication of…
1Opinion of the Court
Field. J., after stating the facts, delivered the opinion of the Court—Terry, C. J., and Burnett, J., concurring.
The judgment in Hew York, although recovered for the same cause, is not a bar; it was rendered without personal service on the defendant, or his appearance in the action. He was at the time in this State, and the Court, therefore, had no jurisdiction of his person. The clause of the Federal Constitution requiring full faith and credit to be given, in each State, to the records and judicial proceedings of every other State, applies to the records and proceedings of Courts, only so…
2Cases cited9 opinions
- First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Leonard v. PitneyNew York Supreme Court · 1830
- Kilburn v. WoodworthNew York Supreme Court · 1809
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3Cited by30 opinions
- Norgart v. Upjohn Co.California Supreme Court · 1999
- Pashley v. Pacific Electric Railway Co.California Supreme Court · 1944
- Regents of University of California v. Superior CourtCalifornia Supreme Court · 1999
- Sime v. MaloufCalifornia Court of Appeal · 1949
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
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