Stewart v. Scannell

Citations

• 8 Cal. 80
• 1857 Cal. LEXIS 298

Syllabus

<p>A sale of merchandise by hill of sale, the goods remaining in the possession of the vendors as warehousemen at a regular charge, and their receipt given for the goods on storage, the vendors doing business as commission merchants, and sometimes receiving goods on storage, is void as to the creditors of the vendors.</p> <p>The absence of any fraudulent intent will not take the case out of the statute. There must be an actual and continued change of possession, or the sale is void as to creditors.</p>