Chicago Taylor Printing Press Co. v. Lowell

Citations

• 60 Cal. 454
• 1882 Cal. LEXIS 493

Syllabus

<p>Replevin—Pledge by Consignee oe goods—Notice.—Goods were shipped by the plaintiff to the California Type Foundry Company with the following written instructions; “as I wrote you before, 1 want you to keep these consignment goods as such—as my property until sold.” While, the property was still in the warehouse of the Railroad Company the consignee pledged the goods to F. Bros, and the property was then placed in defendants’ custody to be kept in store for F. Bros.</p> <p>Held-. Passing the question whether the mere possession of property, under written instructions showing that the possessor has no title, would he sufficient evidence of ownership to protect the pledgee who advances his money on the hare statement of the possessor that he is the owner,—in this case the pledgor was not in the actual possession of the property at the time the loan was negotiated. F. Bros, must have seen (from the letter of instructions), that the plaintiff was the owner of the property, had they required some evidence of title in the proposed pledgor as they ought to have done.</p>