Affierbach v. McGovern

Full title: C. H. AFFIERBACH, Respondent, v. JOHN McGOVERN, Appellant

Court: Supreme Court of California

Date published: Jun 19, 1889

79 Cal. 268 (Cal. 1889)

21 P. 837

Opinion

79 Cal. 268 21 P. 837 C. H. AFFIERBACH, Respondent, v. JOHN McGOVERN, Appellant No. 11930 Supreme Court of California June 19, 1889

         Department One

         79 Cal. 268 at 272.

         Original Opinion of May 25, 1889, Reported at 79 Cal. 268.

         JUDGES: Works, J. Beatty, C. J., Sharpstein, J., Paterson, J., Thornton, J., and McFarland, J., concurred.

         OPINION

          WORKS, Judge

A petition for a rehearing having been filed, the following opinion thereon was rendered on the 19th of June, 1889:

         Works, J.

         The petition for rehearing is denied, but upon a more careful examination of the bill of sale from the defendant to the plaintiff, for the property in controversy, we are of the opinion that it should be construed as being a bill of sale to him individually, and not as administrator. The reference to him should be regarded as descriptive of the person. Therefore if it be made to appear on a second trial, as claimed in the petition for rehearing, that the plaintiff paid and satisfied the judgment held by the estate, and the bill of sale was given in consideration of such payment, it had the effect to vest the title to the property in him if all other things necessary to pass title to personal property were performed.