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22 Cal. 492

Weil v. Paul

California Supreme Court

Decided July 1, 1863

California Supreme Court · decided 1863-07-01

One Strauss, engaged in the dry goods and clothing business, had his stock of goods attached at the suit of his creditor, and to obtain a release of the attachment sold the stock to the plaintiff, Weil, a cigar merchant, who paid or undertook to pay the attachment debt. Within a day or two after the sale, plaintiff received the goods from the Sheriff and removed them to his cigar store, where they were placed, some in boxes under the counter and some in a back room.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-07-01

How this case has been cited

Cited by 6 later decisions — most recently December 1966

6 state decisions

2018631870188018901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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On petition for rehearing, Crocker, J. delivered the following opinion—Cope, C. J. concurring:

¶1In the petition for a. rehearing it is urged that Sec. 15 of the Act respecting fraudulent conveyances and contracts applies only to sales of goods in the possession of the vendor, and that, as the goods in this case were in the possession of the Sheriff at the time of the transfer from Strauss to the plaintiff, therefore the statute does not apply, and it was not necessary for the plaintiff to maintain an “ actual and continued change of possession.” It will be noticed, however, that Sec. 15 includes “ sales ” and “ assignments ” of goods and chattels—that is, sales made by a vendor of goods in his possession or under his control, and assignments of goods not thus in bis possession or control. If the goods were not in Strauss’ possession or under his control at the time of his contract with the plaintiff, then the transfer to the plaintiff was an assignment of the goods or the right to their possession, and it comes frilly within the statute.

¶2Rehearing denied.

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