Glidlen v. Lucas
California Supreme Court
Appeal from the Superior Court of the city of San Francisco. This was an action of money had and received, to recover the purchase-money of three hundred kegs of lard.
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Appeal from the Superior Court of the city of San Francisco. This was an action of money had and received, to recover the purchase-money of three hundred kegs of lard. The case, by consent, was tried before the Court, who found the following facts: 1. That on the twenty-third day of February, 1856, the plaintiffs, by order of H. F. Cutter & Co., shipped, per ship Goddess, a vessel belonging to the plaintiffs, three hundred kegs of lard, to said Cutter & Co., at San Francisco, to be sold by them on joint account, and, at the same time, remitted to said Cutter & Co., a bill of lading for the…
1Opinion of the CourtBurnett, J.
The plaintiffs, merchants of Boston, shipped three hundred kegs of lard to San Francisco, on the ship Goddess, one of their own line of packets, to be sold by Messrs. H. F. Cutter & Co., who were to receive one-half the net profits, in lieu of commission.
The bill of lading stated the goods were “ shipped by order,” and were to be delivered “ to order or assigns,” he or they paying the freight; and in case the freight was not paid within thirty days, a sufficiency was to be sold to pay freight and charges. The bill of lading was signed by plaintiffs for the captain, and the margin contained…
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