gno.law

Charlton Silk Co. v. Jones

California Supreme Court · S. F. No. 6523. · 1923-01-18 · Published · 212 P. 203 · 190 Cal. 341 · 1923 Cal. LEXIS 524

CHARLTON SILK COMPANY, Appellant, v. JOHN R. JONES, Special Administrator, Etc., Respondents

Proceeding
appeal from a judgment
Trial court
Superior Court of the City and County of San Francisco
Trial judge
John J. Van Nostrand
Outcome
reversed — Reversed.
Area
civil
Panel
Curtis D. Wilbur (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Wilbur

WILBUR, C. J.— This is an action to recover the purchase price of goods, wares and merchandise. The action was begun June 27, 1910, before the enactment of the Statutes of 1917 (Stats. 1917, p. 381) repealing sections 405, 406, 408, 409 and 410 of the Civil Code. The court found that the plaintiff’s principal place of business was the city of Chicago, state of Illinois, where it was engaged in the manufacture and sale of dry-goods at wholesale.

“That the plaintiff sent out traveling salesmen to California and said traveling salesmen solicited and received orders for merchandise and sent said orders to the plaintiff in Chicago, and the goods so ordered were then shipped by the plaintiff to its customers in California.”

This finding establishes the fact that the business done was in interstate commerce and that, therefore, the provisions of sections 405 et seq., Civil Code, do not apply because the right to collect the proceeds of interstate commerce was incidental thereto and cannot be prevented by state legislation (Sioux Remedy Co.

v. Cope, 235 U. S. 197 [59 L. Ed. 193, 35 Sup. Ct. Rep. 57, see, also, Rose’s U. S. Notes];

W.

W.

Kimball Co.

v. Read, 43 Cal. App. 342 [185 Pac.

192]; Moon v. Martin, 185 Cal. 361).

Judgment reversed.

Lawlor, J., Kerrigan, J., Seawell, J., Myers, J., and Waste, J., concurred.

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