Legal Opinion

Lubert v. Chauviteau

California Supreme Court

Decided October 15, 1853PublishedCited by 3 opinions

Appeal from the Fourth Judicial District. The- suit was brought by plaintiff, resident of Bordeaux, in France, who complained, that about the 7th September, 1850, he shipped in the ship Salome, bound from the port of Bordeaux to San Francisco, a quantity of merchandise (describing it), and assigned the same to Messrs.

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Appeal from the Fourth Judicial District. The- suit was brought by plaintiff, resident of Bordeaux, in France, who complained, that about the 7th September, 1850, he shipped in the ship Salome, bound from the port of Bordeaux to San Francisco, a quantity of merchandise (describing it), and assigned the same to Messrs. Hugens Brothers, commission merchants of said city of San Francisco, or their order; which said merchandise duly reached its port of destination, and was placed, by the handing over of the bill of lading into the hands of the defendants, who were commission merchants of said…

1Opinion of the Court

The opinion of the court was delivered by

2ConcurrenceWells, Justice

The first assignment of error is, that the evidence does not support the contract as laid in the complaint, and therefore, that the court erred in refusing to order a nonsuit.

The plaintiff in the court below waived the tort (if any had been committed), and brought his action against the defendants as' factors, to account for goods sold by them, and to restore the amount of the net proceeds arising from the sale. This he had a right to do, according to well-established principles of the common law, and it was competent for him to introduce evidence…

3Cited by3 opinions

  1. Buchanan v. McClainSupreme Court of Georgia · 1900
  2. Shahood v. CavinCalifornia Court of Appeal · 1957
  3. White v. WhitneyCalifornia Supreme Court · 1889

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