Samuels v. Gorham
Cases that cite this one
3 later published cases cite this decision.
- Guthrie v. Carney (Cal. Ct. App. 1912)
- Dubois v. Spinks (Cal. 1896)
- Carpenter v. Clark (Nev. 1866)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Heydenfeldt, J., concurred.
To constitute a valid sale of personal property against creditors, there must, according to the provisions of the statute of this State, be “an immediate delivery thereof, accompanied with an actual and continuous change of possession.” By an immediate delivery is not meant a delivery instanter; but the character of the property sold, its situation, and all the circumstances must be taken into consideration in determining whether there was a delivery within a reasonable time, so as to meet the requirement of the statute; and this will often be a question of fact for the jury.
The record in this case does not purport to set out all the testimony, and we cannot determine from the meager statement whether the verdict was contrary to evidence or not. The instruction of the Court was correct, and the jury having passed upon the facts, we will not disturb their verdict.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.