Hutchinson v. Bours
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. Action for damages for the trover and conversion of fifteen tons of wheat. The record discloses the following facts: Cole and Dodge, farmers, stored fifty-six tons of wheat with Montgomery & Co., auctioneers and commission merchants, in the city of Stockton.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. Action for damages for the trover and conversion of fifteen tons of wheat. The record discloses the following facts: Cole and Dodge, farmers, stored fifty-six tons of wheat with Montgomery & Co., auctioneers and commission merchants, in the city of Stockton. Montgomery & Co. sold twenty-five tons of the wheat for Cole & Dodge, the latter holding a storage receipt for the remaining thirty-one tons, which they subsequently assigned to the plaintiff in payment of stock purchased by them. Montgomery & Co. were…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray concurred.
The District Court erred in refusing to give the fifth instruction asked for by the defendant to the effect “ that if Montgomery & Co. were in possession of the property and clothed with the external evidences of ownership, and that it was part of their usual business to buy and sell goods on their own account, that such apparent ownership gave them power to sell or pledge.”
The rule as to the lack of power in factors to pledge goods of their principals was referred to by this Court in the case…
2Cited by7 opinions
- Fletcher v. PratherCalifornia Supreme Court · 1894
- Weyse v. CrawfordCalifornia Supreme Court · 1890
- Clarke v. HuberCalifornia Supreme Court · 1864
- Horr v. BarkerCalifornia Supreme Court · 1858
- Belknap v. ByingtonCalifornia Supreme Court · 1867
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