Ralph v. Lockwood

Citations

• 61 Cal. 155
• 1882 Cal. LEXIS 570

Syllabus

<p>Certificate of Partnership—Action for Tort.—Section 2468 C. C. forbidding the maintenance of actions by partners who have failed to file the certificate required by that section does not apply to actions for torts.</p> <p>Title to Personal Property—Lease—Fraud as to Creditors—Sufficiency of Evidence to Sustain Verdict.—F., being in possession of a tract of land and without means to cultivate it, leased the same to the plaintiffs agreeing to put in and cultivate a crop of barley for them— they furnishing the seed and paying him for his labor an agreed price, and agreeing to pay him something more (the amount to be left to them) if the crop turned out well. The defendant, as constable, seized the property under execution at the suit of creditors of F. and plaintiff brought this action for conversion.</p> <p>Held: The effect of the evidence on the part of the plaintiffs (which must be accepted here as true in view of the verdict of the jury in their favor) is that the barley in question was theirs from the beginning. The fact that plaintiffs leased the land from F., and that he was employed by them did not operate to subject their grain to the payment of his debts.</p>