Stewart v. Levy
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint charges the defendants, as partners, with having purchased certain merchandise from the plaintiffs, in the City of New York, “with a design to defraud the plaintiffs, and not to pay for the same,” and asks a judgment against the defendants “adjudging them guilty of a fraud in contracting said debt,” and also for the amount of the debt.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint charges the defendants, as partners, with having purchased certain merchandise from the plaintiffs, in the City of New York, “with a design to defraud the plaintiffs, and not to pay for the same,” and asks a judgment against the defendants “adjudging them guilty of a fraud in contracting said debt,” and also for the amount of the debt. The complaint also contains certain averments of facts which' the plaintiffs allege constitute the fraud. The defendants, in their answer, admit the…
1Opinion of the Court
By the Court, Rhodes, J. :
The evidence clearly tended to prove that one of the defendants, Levy, who made the purchase, was guilty of fraud in contracting the debt; and the verdict ought not to be set aside as to him, on the ground that it is not sustained by the evidence.
There was no error in refusing to give the first instruction requested by the defendants. If they, or either of them, fraudulently intended to procure the goods without payment, the fraud was consummated when the possession of the goods was obtained without making payment on delivery, or on call, according to the terms of…
2Cases cited2 opinions
- Davis v. RobinsonCalifornia Supreme Court · 1858
- Matoon v. EderCalifornia Supreme Court · 1856
3Cited by7 opinions
- Stout v. TurneyCalifornia Supreme Court · 1978
- Zemelman v. Boston InsuranceCalifornia Court of Appeal · 1970
- Elzarian v. WiserCalifornia Court of Appeal · 1963
- Stearns v. Superior CourtCalifornia Court of Appeal · 1919
- In re RuttmannHawaii Supreme Court · 1895
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