Sheppard v. Newhall
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. Action by Winter Byard Sheppard, doing business under the firm style of Sheppard & Co., against Edwin W. Newhall and Walter S. Xewhall, doing business under the firm style of Newiiall’s Sons & Co. to recover possession of personal property. Judgment for defendants. 47 Fed. Rep. 468. Plaintiff brings error.
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In Error to the Circuit Court of the United States for the Northern District of California. Action by Winter Byard Sheppard, doing business under the firm style of Sheppard & Co., against Edwin W. Newhall and Walter S. Xewhall, doing business under the firm style of Newiiall’s Sons & Co. to recover possession of personal property. Judgment for defendants. 47 Fed. Rep. 468. Plaintiff brings error. Statement by ROSS, District Judge: This is an action brought to recover the possession of 12 cases of merchandise, consisting of woolen goods, etc., or their value, manufactured in and shipped from…
1Opinion of the Court
BOSS, District Judge,
(after stating the case as above.) It is now well settled both in this country and in England that the true nature and effect of the right to stoppage in transitu is simply to restore the goods to the possession of the vendor, so as to enable him to exercise his rights as an unpaid vendor, not to rescind the sale. 2 Benj. Sales, (3d Ed.) pp. 1112-1115, and cases there cited. In California it is, in effect, so provided by statute. Civil Code Cal. § 3080. To enforce his rights, the vendor must be, and is, entitled to retake the possession of the property, and must hold it…
2Cases cited1 opinion
- Babcock v. . BonnellNew York Court of Appeals · 1880
3Cited by3 opinions
- In re Arctic StoresDistrict Court, D. New Jersey · 1919
- McGill v. Chilhowee Lumber Co.Tennessee Supreme Court · 1903
- Willis v. Glenwood Cotton MillsDistrict Court, D. South Carolina · 1912