California Supreme Court July 1, 1871, No. 2,653 (Gross v. Kierski)

By the Court, Wallace, J.:

The defendant, a dealer in musical instruments, sold and delivered to the plaintiff a pianoforte, nothing being said *113at the time concerning the title to the chattel. This was in February, 1867. In August, 1869, certain persons, claiming and ultimately showing themselves to be the owners of the chattel, commenced an'action against Gross for its recovery.