Brown v. Bank of Napa
California Supreme Court
Appeal from a judgment of the Superior Court of Napa County, and from an order refusing a new trial. The action was brought by the assignee in insolvency of. William Reed to recover damages for the conversion of certain wine. Judgment was rendered in favor of the plaintiff, from which, and from an order refusing a new, trial, the Bank of Napa appeals. The further facts are stated in the opinion of the court.
1Opinion of the CourtThornton, J.
The principal question here presented is, whether an assignee in insolvency can maintain an action for the conversion of personal property against a vendee who has purchased such property of a vendor, *545who had it in possession when the sale was made, which sale was not accompanied by an immediate delivery of the property sold to the vendee, and not followed by an immediate and continued change of possession.
The property in controversy was a quantity of wine. This was sold by William Reed on the 15th of September, 1884, to S. M. Chapman. There was no delivery to Chapman, and the wine remained,…
2Cited by6 opinions
- Francisco v. AguirreCalifornia Supreme Court · 1892
- First National Bank v. MenkeCalifornia Supreme Court · 1900
- Davis v. Winona Wagon Co.California Supreme Court · 1898
- Ballou v. Andrews Banking Co.California Supreme Court · 1900
- Meyer v. PerkinsCalifornia Court of Appeal · 1912
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