Markwald, Caspari & Co. v. Thier Creditors
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. The facts in this case, as established by the report of the referee, are as follows: Markwald, Caspari & Co. purchased in Havana an invoice of cigars of J. F. & P. H. Berndes, and directed them to be shipped to Parvenstadt & Schumacker, at New York, directing the Havana house to draw on M. C. & Co.’s agents in London for the price.
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Appeal from the District Court of the Twelfth Judicial District. The facts in this case, as established by the report of the referee, are as follows: Markwald, Caspari & Co. purchased in Havana an invoice of cigars of J. F. & P. H. Berndes, and directed them to be shipped to Parvenstadt & Schumacker, at New York, directing the Havana house to draw on M. C. & Co.’s agents in London for the price. M., C. & Co. directed the New York house, on receipt of the goods, to re-ship them to San Francisco, paying the necessary duties and charges. While the goods were on their voyage from New York to San…
1Opinion of the CourtTerry, J.
The facts reported by the referee do not sustain the judgment.
It is well settled that the right to stop goods in transitu, exists until they arrive at the termination of their journey or have come into the possession of the consignee. Depositing them at an intermediate point with an agent of the vendee, for the purpose of being forwarded, does not terminate the transitus. Abbot on Shipping, 628; 1 Smith, L. C., p. 433.
Pavenstadt & Schumacker, of New York, were agents only for the purpose of expediting the carriage of the goods to their *215original destination, and performed only such acts as…
2Cited by3 opinions
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- Blackman v. PierceCalifornia Supreme Court · 1863
- Jones v. EarlCalifornia Supreme Court · 1869