Newhall v. Central Pacific Railroad
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Action to recover the value of merchandise alleged to have been converted by defendant to its own use.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Action to recover the value of merchandise alleged to have been converted by defendant to its own use. The merchandise was sold by Samuel Hart & Company, of Philadelphia, and Lawrence & Cohen, of New York, to Adelsdorfer Brothers, of San Francisco, about the 1st of December, 1871, and shipped immediately for San Francisco by the Pacific Fast Freight Line, which was a common carrier between the Atlantic coast and San Francisco, to be delivered to Adelsdorfer Brothers, at San Francisco. The defendant…
1Opinion of the Court
By the Court, Crockett, J.:
This case comes up on the findings, and there is, therefore, no controversy as to the facts; the only question being, whether the plaintiffs are entitled to judgment on the facts found. The facts necessary to a correct understanding of the only question of law in the case are, that a mercantile firm in New York sold certain merchandise on credit to a similar firm in San Francisco, and shipped the same in the usual course of business, by railway, to the vendees as consignees, under bills of lading in the usual form. The bills of lading were received at San Francisco…
2Cited by3 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Aetna National Bank v. Union Pacific Railway Co.Missouri Court of Appeals · 1897
- The E. H. PrayDistrict Court, E.D. New York · 1885