Richards v. Schroder

Decided July 1, 1858

California Supreme Court · decided 1858-07-01

This was an action of replevin, to recover a kiln of bricks. The bricks were seized by the defendant, as constable, under an attachment, and subsequently sold under an execution issued out of a Justice’s Court, upon a judgment in favor of William Waite, and against Lander Loring.

Cited by 1 later decisions — most recently July 1859

1 state decisions

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Decided 1858-07-01

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Terry, C. J., delivered the opinion of the Court

¶1Field, J., and Baldwin, J., concurring.

¶2The referee’s report shows conclusively that there was no delivery of the goods in question under the bill of sale from Boring to plaintiff. They continued in the possession of Webster, *435who was Boring’s bailee, and who was directed by Boring to pay to plaintiff the amount of his claim against Boring, out of money arising from sales of the property.

¶3The facts reported bring the transaction fully within the fifteenth section of the Statute of Frauds, and a new trial was properly refused.

¶4Judgment affirmed.