Leet v. Wadsworth & Meisegaes
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. Replevin for a certain quantity of lard alleged to be the property of plaintiff, in the possession of the defendants, under a pledge from one Henry Gallagher.
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Appeal from the Superior Court of the City of San Francisco. Replevin for a certain quantity of lard alleged to be the property of plaintiff, in the possession of the defendants, under a pledge from one Henry Gallagher. The main question presented by the evidence is, whether an innocent pledgee for value is entitled to retain his lien upon a quantity of lard delivered to him in pledge by a jobber in groceries, doing business also as commission merchant or factor, the lard having been purchased by said jobber and factor with money furnished him by another, under instructions to buy for him and…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
At common law, the business of a factor was merely to sell the goods of his customers; so it followed that his possession was no evidence of his ownership; and as he was not allowed to pledge the goods of his principal, in ease he did so the pledgee was chargeable with notice of the true owner’s right.
It is no part of the business of a factor to buy, and when he does, the rule must be the same in regard to him as to all other purchasers. The purchase of property in his own name, makes him to all the world the apparent owner, and as far as affects the rights of third…
2Cited by3 opinions
- Weyse v. CrawfordCalifornia Supreme Court · 1890
- Dewing v. HuttonWest Virginia Supreme Court · 1895
- Bragg v. MeyerU.S. Circuit Court for the District of California · 1858