Stratton v. Burr

Citations

• 6 Cal. Unrep. 141
• 54 P. 735
• 1898 Cal. LEXIS 1044

Syllabus

<p>Sale—Change of Possession.—One Partner Transferred to a Creditor of the partnership their stock of merchandise without the knowledge of his partner, who for a month previous had not had anything to do with the affairs of the firm. After the transferring partner had shown the new delivery boy the delivery route, he left the store, leaving it in charge of the purchaser’s agent, who had been employed there for a month previous. Held, that under Civil Code, section 3440, making transfers of personal property unaccompanied by an immediate delivery, and not followed by continued change of possession, fraudulent as to creditors, the evidence was sufficient to show an actual and continued change of possession.</p>