Hanna v. Flint

Citations

• 14 Cal. 73
• 1859 Cal. LEXIS 241

Syllabus

<p>Whebe a broker buys wheat for E. & H. with their funds, and an agreement is made between the three that the broker shaü dispose of the wheat, and that the profits shall be equally divided, the broker is neither partner nor joint owner of the wheat.</p> <p>Where, in such case, the defendants, warehousemen, deliver the wheat to third persons, who bought from the broker for his own debt, on the ground that they held the storage receipt of defendants to one S. who had loaned money to E. & H. on the wheat as collateral, and had indorsed the receipt, “ deliver to bearer, or E. & H.” the defendants knowing at the time of said delivery that E. & H. claimed the wheat as their property, they are liable to E. & H. for a conversion.</p> <p>Query, whether defendants could have refused to deliver the wheat to E. & H. while the storage receipt to S. was outstanding?</p> <p>But when they gave the wheat to the wrong claimant they became responsible for its value to the right one.</p>