Sanborn v. Cunningham

Citations

• 4 Cal. Unrep. 95
• 33 P. 894
• 1893 Cal. LEXIS 1139

Syllabus

<p>Partnership—Purchases by Partner.—Plaintiffs, Having Taken a Crop of Barley under a mortgage of $1,045, accepted the offer of C., one of defendants’ firm, to take the crop, and pay them $750 the following week. Soon after, plaintiffs received a check for $500, drawn in favor of, and indorsed by, defendants. In a suit for the balance of the $750, one of the plaintiffs testified that he told his partner to ship the barley to defendants; but it appeared that the warehouseman billed it to C., as he often did shipments from plaintiffs to defendants. Plaintiffs had charged defendants the $750, and it appeared that the $500’ was the firm’s money, and was charged to C. on their books. Defendants asserted that it was C.’s personal affair, and that he had bought the crop from the grower, who had directed him to pay plaintiffs the $750 to release it. Held, that there was enough evidence to support a verdict against defendants for goods sold and delivered.</p> <p>Partnership.—Plaintiff’s Testimony That, in Answer to His Inquiry at the bank for a cheek which he wished to use as evidence, the cashier told him that he did not think plaintiff could get it, was competent, and there was no need to call the cashier to prove that fact.</p> <p>Partnership.—Defendants Insisting That the Transaction was the Personal affair of one partner, a question by plaintiffs whether such transaction was in defendants’ general line of business was proper.</p> <p>Sale—Evidence.—In an Action for an Agreed Price, evidence of the value of the goods is irrelevant.</p> <p>Chattel Mortgage.—Misnomer of the Mortgagor of Chattels (E. H. Wheeler for E. H. Walker) in the body of the affidavit is immaterial, where the mortgage purports to be made, and is signed, by E. H. Walker, as is the affidavit.1</p> <p>Evidence—Letters—Proof of Mailing.—Plaintiff testified that he had written certain letters to defendants; that the postage was prepaid and the letters put in the mail box at his store; that said box was emp