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Charlton Silk Co. v. Jones

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

Charlton Silk Co. v. Jones, 212 P. 203 (Cal. 1923)
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Court
California Supreme Court · State Highest Courts
Decided
January 18, 1923
Docket
No. S. F. No. 6523.
Judges
Wilbur
Citations
212 P. 203190 Cal. 3411923 Cal. LEXIS 524

Opinion of the Court — 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1950: 11960: 11964: 11973: 119502026peak 1950 · 1

Relies on it most ⓘ

  1. Detsch & Co. v. Calbar, Inc.228 Cal. App. 2d 556 (1964)
  2. Proctor & Schwartz v. Superior Court of San Mateo County221 P.2d 972 (Cal. Ct. App. 1950)
  3. Thorner v. Selective Cam Transmission Co.180 Cal. App. 2d 89 (1960)
  4. Traid Corp. v. Mendiola1 Guam 215 (D. Guam 1973)

Most recent

  1. Traid Corp. v. Mendiola1 Guam 215 (D. Guam 1973)
  2. Detsch & Co. v. Calbar, Inc.228 Cal. App. 2d 556 (1964)
  3. Thorner v. Selective Cam Transmission Co.180 Cal. App. 2d 89 (1960)
  4. Proctor & Schwartz v. Superior Court of San Mateo County221 P.2d 972 (Cal. Ct. App. 1950)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Sioux Remedy Co. v. Cope, 235 U.S. 197 (1914) 150
W. W. Kimball Co. v. Read, 185 P. 192 (Cal. Ct. App. 1919) 9
Moon v. Martin, 197 P. 77 (Cal. 1921) 9

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