Bragg v. Meyer
U.S. Circuit Court for the District of California
About the 31st day of May, 1858, the plaintiffs employed one Edward Heilbruth, a merchandise broker, to sell as a broker, 650 bags of Manilla coffee.
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About the 31st day of May, 1858, the plaintiffs employed one Edward Heilbruth, a merchandise broker, to sell as a broker, 650 bags of Manilla coffee. A day or two subsequent to which employment, the broker reported to the plaintiffs that he had sold 200 bags of said coffee to one M. Dubroca, and the remaining 450 to one G. Yanard; that both of said sales had been made on a credit of thirty days; that the respective purchasers desired the delivery of the coffee; and, therefore, he wished orders for the delivery of the same from the warehouse of D. Gibb & Co., where said coffee had been stored,…
1Opinion of the Court
*5The following charge to the jury, with instructions, were given by—
McALLlSTER, Circuit Judge:
This is a controversy between two honest parties, as to which of them shall bear the loss consequent upon the fraudulent conduct of a third. The plaintiffs placed their merchandise in good faith in the hands of a third party, to sell. The defendant, with equal good faith, loaned money to that third party, taking as security, the goods of the plaintiffs, in ignorance of the fact.
The case of the plaintiffs rests upon the application of the rule “caveat emptor,-” that of the defendant upon the…
2Cases cited2 opinions
- Hutchinson v. BoursCalifornia Supreme Court · 1856
- Leet v. Wadsworth & MeisegaesCalifornia Supreme Court · 1855