United States v. Villalonga
Supreme Court of the United States
Appeal from the Court of Claims; the ease being thus : The third section of the act of Congress of March 12th, 1863,* which authorizes a suit against the United States for the recovery of the proceeds of sale of captured or abandoned property, enacts that— “ Any person claiming to have been the owner of any such abandoned or captured property, may at any time within two years after the suppression of the rebellion, prefer his claim to the proceeds thereof in the Court of…
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Appeal from the Court of Claims; the ease being thus : The third section of the act of Congress of March 12th, 1863,* which authorizes a suit against the United States for the recovery of the proceeds of sale of captured or abandoned property, enacts that— “ Any person claiming to have been the owner of any such abandoned or captured property, may at any time within two years after the suppression of the rebellion, prefer his claim to the proceeds thereof in the Court of Claims, and on proof to the satisfaction of the court of his ownership of said property, of his right to the proeeods…
1Opinion of the CourtJustice Strong
No doubt a factor who has made advances upon goods consigned to him, may be regarded, in a limited sense, and to the extent of his advances, as an owner. Yet, in reality, he has but a lien with a right of possession of the goods for its security. He may protect that possession by suit against a trespasser upon it, and he may sell the property to reimburse advances; remaining, however, accountable to his consignor for any surplus. But after all he is not the real owner. He is only an agent of the owner for certain purposes. The owner may, at any time before his factor has sold the goods,…
2Cited by20 opinions
- Gray v. United StatesUnited States Court of Claims · 1886
- Glover v. United StatesSupreme Court of the United States · 1896
- Thomas's administrator v. United StatesUnited States Court of Claims · 1879
- Burke v. United StatesUnited States Court of Claims · 1877
- Eames v. H. B. Claflin Co.Court of Appeals for the Second Circuit · 1917
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