Legal Opinion

Horr v. Barker

California Supreme Court

Decided July 1, 1858PublishedCited by 7 opinions

Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This case was before this Court upon a former occasion. (8 Cal. R. 503.) Upon another trial in the District Court, some additional facts were proven. The material facts, as they now appear, were substantially these: In December, 1858, Hussey, Bond & Hale sold to Barker & Paddock 6,649 barrels of flour, then on store with Tilden & Little.

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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This case was before this Court upon a former occasion. (8 Cal. R. 503.) Upon another trial in the District Court, some additional facts were proven. The material facts, as they now appear, were substantially these: In December, 1858, Hussey, Bond & Hale sold to Barker & Paddock 6,649 barrels of flour, then on store with Tilden & Little. The sale was negotiated through J. R. West, a broker. There was evidence tending to show that it was understood between Hussey, Bond & Hale, Barker & Paddock, and West,…

1Opinion of the Court

1. West was intrusted with the possession of the flour as the factor or agent of Barker & Paddock. He had no power or authority to pledge it, and the pledgee consequently acquired no title or property by virtue of the pledge. Patterson v. Tash, 2 Strange, 1178; McCombie v. Davies, 6 East. 538; Same case, 7 ib., p. 5; Newson v. Thornton, 6 East. 17; D’Aubigny v. Duval, 5 D. & E. 664; Martine v. Coles and others, 1 Manl. & S. 140; Boyson v. Coles, 6 Manl. & S. 14; Barrix v. Corrie, 2 B & Ald. 138; Wilkinson v. King, 2 Camp. 335; Monk v. Whittenbury, 2 B. & Ald 484; (22 E. Com. La. 205) Williams…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. Saltus & Saltus v. EverettNew York Supreme Court · 1838
  2. Root v. FrenchNew York Supreme Court · 1835
  3. Gibson v. StevensSupreme Court of the United States · 1850
  4. Everett v. SaltusNew York Supreme Court · 1836
  5. Ward v. ShawNew York Supreme Court · 1831

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3Cited by7 opinions

  1. Pacific Grape Products Co., a Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1955
  2. City of Los Angeles v. Industrial Accident CommissionCalifornia Supreme Court · 1965
  3. Wright v. SolomonCalifornia Supreme Court · 1861
  4. Frontier Milling & Elevator Co. v. Roy White Co-operative Mercantile Co.Idaho Supreme Court · 1914
  5. Smith v. County of Los AngelesCalifornia Court of Appeal · 1969

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