Wood v. McDonald

Citations

• 66 Cal. 546
• 6 P. 452
• 1885 Cal. LEXIS 499

Syllabus

<p>Cladi and Delivery—Conversion—Demand When Unnecessary.—In an action to recover the possession of personal property, which originally came rightfully into the possession of the defendant, proof of any circumstance showingthat a demand would have been unavailing, as a refusal by the defendant to listen to one, or a statement in advance that he will not deliver, is sufficient to excuse proof of a demand.</p> <p>Id.—Refusal to Deliver.—In such action, proof of a demand is unnecessary, where the answer alleges that, had one been made, the defendant would have refused to deliver the possession.</p> <p>Id.—Discharge in Insolvency.—A discharge in insolvency is no defense to an action to recover the possession of personal property converted by the defendant.</p>