Blackman v. Pierce
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, Tehama County. After the sale of the goods by Blackman & Co., at San Francisco, to McDaniel, Blackman & Co. shipped the same to McDaniel, the vendee, at Trinity Center. The bills of lading were made out in the name of the vendee.
Read the full summary
Appeal from the District Court, Fifteenth Judicial District, Tehama County. After the sale of the goods by Blackman & Co., at San Francisco, to McDaniel, Blackman & Co. shipped the same to McDaniel, the vendee, at Trinity Center. The bills of lading were made out in the name of the vendee. The goods, in ordinary course of transportation, arrived at the head of steamboat navigation, at Red Bluff, where they were placed in the hands of Pierce, Church & Co., warehousemen, who had orders from the vendee to forward them to him. Defendants, Pierce, Church & Co., defended on the ground of right of…
1Opinion of the CourtCrocker, J.
This is an action brought against Pierce, Church & Co., ware-housemen at Red Bluff, and Johns, the Sheriff of Tehama County, to recover the value of a lot of goods sold by the plaintiffs, merchants in San Francisco, to one McDaniel, of Trinity Center, Trinity County; and which they claim by the right of stoppage in transitu, the purchaser having become insolvent after the sale of the goods. It appears that the goods were duly marked to McDaniel, care of Pierce, Church & Co., Red Bluff; that the plaintiffs shipped them on a steamer at San Francisco, and they-duly arrived at Red Bluff, the…
2Cases cited2 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- Markwald, Caspari & Co. v. Thier CreditorsCalifornia Supreme Court · 1857
3Cited by4 opinions
- Weyerhaeuser Timber Co. v. First National BankOregon Supreme Court · 1934
- Farrell & Co. v. Richmond & Danville R. R.Supreme Court of North Carolina · 1889
- A. B. Symns & Co. v. Wm. Schotten & Co.Supreme Court of Kansas · 1886
- Jones v. EarlCalifornia Supreme Court · 1869