Davis v. McNear

Citations

• 101 Cal. 606
• 36 P. 105
• 1894 Cal. LEXIS 1086

Syllabus

<p>Sale of Wheat in Warehouse—Bailment—Conflicting Evidence.— Where the owners of a warehouse stored wheat of others, and also conducted the business of buying and selling wheat, a verdict in favor of a bona fide purchaser of wheat from the warehouseman will not be disturbed where the evidence is conflicting as to whether the wheat had been merely stored with them, by the plaintiff, or had been sold by him to the warehousemen.</p> <p>Evidence—Impeachment of Witness—Conviction of Perjury—Reversal of Judgment—Refusal of Instruction.—Where a witness on cross-examination testified that he had once been tried and found guilty of perjury, before a jury, and it was subsequently proven that the conviction was reversed upon appeal, and the charge was thereafter dismissed, the refusal of the court to give an instruction that “a judgment of conviction which has been reversed is a mere nullity, and has no vitality for any purpose, ” is not good ground for granting a new trial, though such instruction might well have been given.</p> <p>Id.—Presumption—Intelligence of Jury—Absence of Erroneous Instruction.-—Jurors may be assumed to have ordinary intelligence and good sense; and neglect to instruct them on a commonplace matter is not ground for reversal, when no erroneous instruction has been given.</p>