Hayden v. Davis
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. The facts appear in the opinion of the Court.
1Opinion of the CourtTerry, C. J.
The defendant, who is master of a vessel, received from plaintiff’s agent, at Petaluma, certain wheat, to be transmitted to plaintiff at San Francisco.
Defendant failed to deliver the wheat on demand, and plaintiff instituted this action for its recovery.
On the trial, defendant offered to prove by the depositions of several witnesses that the wheat in question was the property of one Edwards; that plaintiff had obtained possession of it by fraud and false representations; and that Edwards, the true owner, had forbidden defendant to deliver it to plaintiff.
The Court held that defendant having…
2Cases cited1 opinion
- Cohens v. VirginiaSupreme Court of the United States · 1821
3Cited by7 opinions
- Jeffers v. Easton, Eldridge & Co.California Supreme Court · 1896
- Palmtag v. DoutrickCalifornia Supreme Court · 1881
- Brown v. RolandCalifornia Court of Appeal · 1940
- Matheny v. MasonSupreme Court of Missouri · 1881
- Triggs v. ZicovichCalifornia Court of Appeal · 1953
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