Callahan

Callahan v. Marshall

Good Law
163 Cal. 552·1912 Cal. LEXIS 440·126 P. 358
Supreme Court of CaliforniaAugust 20, 1912S.F. No. 5479.California233 words

Opinion

Lead Opinion

The district court of appeal of the third appellate district, when this appeal was before it for determination, rendered the following decision, written by Presiding Justice Chipman, and concurred in by Associate Justices Hart and Burnett :

A further hearing on said appeal was granted by this court, and the argument of counsel thereon was directed exclusively to the contention of appellants that, in point of law, the indorsements in favor of plaintiff, made.on the non-negotiable warehouse receipts involved here, were invalid under sections 1858b, and 1858d of the Civil Code, and that the delivery of said receipts to plaintiff so indorsed was ineffectual to transfer the right to possession of said property to him. Further consideration of this point satisfies us that the conclusion of the district court, as declared above, respecting it was correct. As to the issues of fact in the case, it was conceded by appellants on the argument here that there was a conflict in the evidence upon which the findings respecting them are based, and no attack was made on such findings. As to the rulings of the trial court complained of by appellants, they are fully considered and correctly disposed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.