Stewart v. Scannell
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The plaintiffs bought forty-five barrels of whisky of Messrs. Lowe, Ebbetts & Co., who were commission merchants, and sometimes received goods on storage.
Read the full summary
Appeal from the Superior Court of the City of San Francisco. The plaintiffs bought forty-five barrels of whisky of Messrs. Lowe, Ebbetts & Co., who were commission merchants, and sometimes received goods on storage. At the time of the purchase, the plaintiff received from Lowe, Ebbetts & Co. a bill of sale for the whisky, and a warehouse-receipt for it, to remain with the vendors on storage at fifty cents per barrel. bTo change was made in the position of the whisky in the warehouse at the time of the sale or afterwards, by the plaintiffs, and no delivery made or change of possession except…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the Court—Terry, J., concurring.
The only question presented by the record, is, whether the sale was void, as against the creditors of Lowe, Ebbetts & Co., under the provisions of the fifteenth section of our Statute of Frauds, which requires the sale to be “ accompanied by an immediate delivery, and be followed by an actual and continued possession of the property sold.” Com. L., 201.
The language of the statute is exceedingly strong, and the intention manifest. The change of possession from the vendor to the vendee, must not only…
2Cited by3 opinions
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Bacon v. ScannellCalifornia Supreme Court · 1858
- Stanford v. ScannellCalifornia Supreme Court · 1858