Jones v. Earl
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. The" action was against a forwarder for the conversion of goods, and the defendant appealed.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. The" action was against a forwarder for the conversion of goods, and the defendant appealed. The following is a copy of the letter which was written by the plaintiff to the defendant, and which is referred to'in the opinion of the Court; “ San Francisco, November 18th, 1867. “Messrs., D. W. Earl £ Co.: “ Cents—:On the eleventh instant we shipped to your care the following goods, viz: “ Two barrels whisky. “ Two casks ale. “ Two casks porter. “ Four baskets champagne. “ Four cases Hostetier’s bitters. “ Marked: F. M.…
1Opinion of the Court
By the Court, Sanderson, J.:
Stoppage in transitu is a right which the vendor of goods upon credit has to recall them, or retake them, upon the discovery of the insolvency of the vendee, before the goods have come into his possession, or any third party has acquired bona fide rights in them. It continues so long as the carrier remains in the possession and control of the goods, or until there has been an actual or constructive delivery to the vendee, or some third person has acquired a bona fide right to them. Upon demand by the vendor, while the right of stoppage in transitu continues, the…
2Cases cited5 opinions
- Bierce v. Red Bluff Hotel Co.California Supreme Court · 1866
- Bell v. MossSupreme Court of Pennsylvania · 1840
- Blackman v. PierceCalifornia Supreme Court · 1863
- O'Neil v. GarrettSupreme Court of Iowa · 1858
- Markwald, Caspari & Co. v. Thier CreditorsCalifornia Supreme Court · 1857
3Cited by3 opinions
- Rosenthal v. . WeirNew York Court of Appeals · 1902
- Interstate Window Glass Corp. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1926
- Interstate Window Glass Corp. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1926