Green v. Campbell

Citations

• 52 Cal. 586

Syllabus

<p>Shipment by Factor—Lien oe Master of Vessel on Property shipped for Charges and Freights.—In an action of claim and delivery, brought by the actual owner of the property claimed, against the master of a vessel, who had no knowledge or notice of any other owner of said property than the factor or merchant, who, having ostensible authority to make, did make the shipment thereof, in the usual course of business, as his own, the recovery will be subject to the terms of such shipment.</p> <p>Idem.—In such case, the master of the vessel has a lien upon the property in his possession, for proper charges and freights.</p> <p>Rulings equivalent in Effect.—That a good special defense, held to be bad on demurrer, might have been proved under the general issue, will not be considered as a correction of the erroneous ruling, when it appears from the record that material evidence in support of such defense was excluded upon objection made and sustained at the trial.</p>