Green v. Campbell
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The action is to recover possession of certain wheat alleged to belong to plaintiff, and wrongfully and unlawfully withheld by defendant. Defendant appeals.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The action is to recover possession of certain wheat alleged to belong to plaintiff, and wrongfully and unlawfully withheld by defendant. Defendant appeals. The following are the principal facts of the case: Prior to the 16th day of October, 1874, the plaintiff forwarded from Yolo County certain wheat consigned to E. E. Morgan’s Sons, shipping and commission merchants, doing business at San Francisco, to be forwarded to a European port by said E. E. Morgan’s Sons, and there sold by them for account…
1Opinion of the Court
argued that, under the circumstances disclosed by this case, the principal was bound by his factors’ act as well by the common as the statute law.
a. E. E. Morgan’s Sons were general agents. (1 Parsons on Contracts, 95; Story on Agency, secs. 110, 131; 2 Kent, *621; Dunlap’s Payley’s Agency, 241; Wright v. Solomon, 19 Cal. *76.)
5. Factors for shipment have authority to bind the principal to payment of the freight. (Story on Agency, sec. 110; Molloy, De Jure, Bk. III, ch. viii, sec. 9.)
c. Factors, for many if not for most purposes, are treated as the owners of the goods. (Story on Agency, sec. 111;…
2Cases cited5 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Wright v. SolomonCalifornia Supreme Court · 1861
- Van Buskirk v. PurintonThe Superior Court of New York City · 1829
- Ames v. PalmerSupreme Judicial Court of Maine · 1856
- The Edwin v. Naumkeag Steam Cotton Co.U.S. Circuit Court for the District of Massachusetts · 1859
3Cited by2 opinions
- Dodge v. MeyerCalifornia Supreme Court · 1882
- Hayes v. CampbellCalifornia Supreme Court · 1880