Goldstone v. Merchants' Ice & Cold Storage Co.

Citations

• 123 Cal. 625
• 56 P. 776
• 1899 Cal. LEXIS 1129

Syllabus

<p>Nonsuit—Sufficiency of Evidence—Error.—A nonsuit should be denied where the evidence and the presumptions reasonably arising therefrom are legally sufficient to prove the material allegations of the complaint. It is error for the court to grant a non-suit where, if the case had gone to a jury, on the plaintiff’s evidence, and a verdict had been rendered for plaintiff, the evidence would be sufficient to support a judgment upon the verdict.</p> <p>Id.—Motion—Admission.—A motion for a nonsuit admits the truth of the plaintiff’s evidence, and of every inference of fact that can bo legitimately drawn therefrom.</p> <p>Id.—Interpretation of Evidence.—TJpon motion for a nonsuit the evidence should be interpreted most strongly against the defendant.</p> <p>Id.—Application of Rules—Triad by Court.—The rules as to nonsuit are the same, and shall have the same application, when the trial is by the court, as when it is by a jury.</p> <p>Sale op Goods in Warehouse—Storage Receipts—Lien—Orders— Bona Fide Purchaser.—Where part of goods stored in a warehouse, for which storage receipts were given to the owner, were sold by the owner to a firm which paid part of the purchase money, and gave a note for the remainder, purporting to give the owner a lien upon the goods to secure the note, but the owner gave an order upon the warehouseman to such firm for the goods, which subsequently sold them to a bona fide purchaser in the ordinary course of business for full value, and gave to him an order for the goods, which were then segregated and set apart to him by the owner of the warehouse, to whom he thereafter paid storage therefor, such bona fide purchaser is protected against the original owner of the goods, and cannot be compelled to pay the residue of the purchase money due to such owner from the first purchaser.</p> <p>Id.—Notice to Purchaser—Receipt for Goods Delivered—Designation op Storage Receipt.—A statement in the order given to the firm, “ no goods delivered without a recei