Hanna v. Flint
California Supreme Court
Appeal from the Twelfth District. Action of damages for conversion of wheat. In addition to the agreement set ont in the opinion of the Court the following are the facts: January 4th, 1858, plaintiff and one Ellis, through Little, as broker, purchased some wheat, of which two hundred and three sacks are in controversy. They stored the wheat in North Point Warehouse, of which defendants were owners. At the date of the agreement above.
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Appeal from the Twelfth District. Action of damages for conversion of wheat. In addition to the agreement set ont in the opinion of the Court the following are the facts: January 4th, 1858, plaintiff and one Ellis, through Little, as broker, purchased some wheat, of which two hundred and three sacks are in controversy. They stored the wheat in North Point Warehouse, of which defendants were owners. At the date of the agreement above. Little was insolvent, to the knowledge of plaintiff and Ellis. January 15th, 1858, they pledged the wheat to Spring on a loan of four thousand dollars, and…
1Opinion of the CourtBaldwin, J.
This case turns chiefly on the construction of the following instrument:
“ Whereas, John T. Little, as broker for David H. Ellis and Bobert G-. Hanna, has purchased three lots of Mexican wheat, (describing it,) it is hereby agreed between the said Little, David H. Ellis, and Bobert G. Hanna, that the said Little is to dispose of the said wheat, and that the profits arising- therefrom shall be equally divided between Little, Ellis, and Hanna—said Ellis having furnished the sum of seven hundred and sixty dollars, and is to furnish the further sum of twenty-two hundred and forty dollars, as it…
2Cases cited2 opinions
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Ambler v. BradleySupreme Court of Vermont · 1834
3Cited by4 opinions
- Title Insurance and Trust Co. v. GriderCalifornia Supreme Court · 1908
- Sodiker v. ApplegateWest Virginia Supreme Court · 1884
- Wells v. FrancisSupreme Court of Colorado · 1884
- Freeman v. SullivanCalifornia Court of Appeal · 1927