National Bank of D. O. Mills & Co. v. Porter
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. In October, 1883, Brewer & Co. sold to Cooke and Son, the assignors of the plaintiff, a car-load of grapes, which were not then on hand, but which were procured in a few days, and which Cooke then asked .to be shipped to the defendants for sale.
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Appeal from a judgment of the Superior Court of Sacramento County, and from an order refusing a new trial. In October, 1883, Brewer & Co. sold to Cooke and Son, the assignors of the plaintiff, a car-load of grapes, which were not then on hand, but which were procured in a few days, and which Cooke then asked .to be shipped to the defendants for sale. The goods were shipped accordingly by rail to the defendants in Chicago, in the name of Brewer & Co., because that firm had a yearly guaranty with the railroad company exempting them from paying freight in advance on shipments of fruit. As soon…
1Opinion of the Court
Belcher, C. C.
When this case was before Department One of this court, it was, in our opinion, rightly decided. The law applicable to the facts appearing in the record was correctly stated, and little more need now be added.
It is urged for the appellants that the facts as stated in the opinion are at variance with those stated in the complaint, and that by not looking at the homplaint the court was led into error. The allegation in the complaint which is referred to is to the effect that Brewer & Co., being the owners of the car-load of grapes in question, on the third day of October, 1883,…
2Cases cited4 opinions
- Bailey v. . Hudson River R.R. Co.New York Court of Appeals · 1872
- Clark v. MauranNew York Court of Chancery · 1831
- Vallé v. Cerré'sSupreme Court of Missouri · 1865
- Desha, Sheppard & Co. v. PopeSupreme Court of Alabama · 1844