Glidlen v. Lucas

Citations

• 7 Cal. 26

Syllabus

<p>The plaintiffs, merchants in Boston, shipped merchandise by their own ship to H. F, 0. & Co., of San Francisco, to be sold by the latter, who were to receive one-half of the net profits in lieu of commissions; the bill of lading stated, that the goods were “ shipped by order,” and were to be delivered to “order or assigns,” he or they paying freight, and was signed by plaintiffs for captain, and further showed on its margin that plaintiffs had regular agents at San Francisco. The bill of lading was forwarded to H. F. 0. & Co., who endorsed and pledged it to defendants for a loan; the defendants received the goods, and sold them; the purchase-money of which, was sought to he recovered in this action : Held, that as the defendants had no knowledge that plaintiffs were the owners of the goods, and as there was nothing in the bill of lading to put them on inquiry, and as the possessor thereof had exclusive control over the property, they were entitled to judgment.</p> <p>Where there is nothing in the business of consignees to malee them technical factors, third parties are not bound to know that they acted as factors in a particular case.</p>