Finn

Hawi Mill & Plantation Co. v. Finn

Good Law
1927 Cal. App. LEXIS 682·82 Cal. App. 255·255 P. 543
Court of Appeal of CaliforniaApril 9, 1927Docket No. 5452.California3,004 words

Opinion

lead Opinion

Campbell, J.

pro tern. — This case involved a dispute over 3,975 bags of coffee, worth about $74,382, grown on nine fincas or coffee plantations in the state of Chiapas, Mexico, during the winter of 1920-1921, and brought to San Francisco in April and May, 1921.

When the coffee arrived in San Francisco it was attached and taken from the possession of respondent by the appellant Thomas F. Finn, the Sheriff of the City and County of San Francisco, under writs of attachment in an action commenced by the appellant Geo. A. Moore & Co. on April 26, 1921, entitled “Geo. A. Moore & Co., a Corporation, Plaintiff, vs. Hidalgo Plantation & Commercial Company, La Zacualpa Plantation & Harrison Company, Defendants.”

Respondent filed a third-party claim; the appellant Geo. A. Moore & Co. gave the statutory bond to the appellant Sheriff, and the latter refused to deliver back the coffee to respondent.

Thereupon respondent commenced the present action in replevin against the appellants Geo. A. Moore & Co., Sheriff Finn and the surety on the latter’s official bond, to recover possession of the coffee.

The trial court found in favor of the respondent; found that respondent owned and was entitled to the…

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