Bunting v. Salz

Citations

• 3 Cal. Unrep. 193
• 22 P. 1132
• 1889 Cal. LEXIS 1103

Syllabus

<p>Wrongful Attachment.—In an Action for the Alleged Wrongful Attachment and sale of plaintiff’s wagon to satisfy another’s debt, evidence of its cost price is admissible to aid in determining its value at the time of the alleged conversion.1</p> <p>Sale.—A Memorandum Given as a Bill of Sale of a “4-horse Concord” wagon, executed by the debtor to plaintiff, is competent evidence on the question of the sale, by the debtor to plaintiff, of the Concord wagon in dispute.</p> <p>Sale—Change of Possession.—Where There is Evidence That the Wagon was sold to plaintiff through her agents, it is competent to show that delivery to and possession by one agent, for plaintiff, immediately followed the sale.</p> <p>Wrongful Attachment.—A Question as to Whether the Debtor, Subsequent to the sale and up to the time of the levy of the attachment, exercised any acts bf ownership or control over the property, is not objectionable, as calling for opinion evidence.1</p> <p>Sale.—The Plaintiff’s Theory was That No Change of Possession was necessary if the property, at the time it was sold, was in the possession of a third party, who held it as plaintiff’s agent by agreement of both parties. Defendant contended that the debtor, who was the agent’s husband, had never transferred his possession as required by Civil Code, section 3440. Held, that instructions on the law applicable, if the jury should find the evidence to sustain the theory of either party, were not contradictory.</p> <p>An Appeal from a Judgment Which is not Taken Within a Tear after the entry of the final judgment, as required by Code of Civil Procedure, section 939, will be dismissed.</p>