Hayes v. Campbell

Citations

• 55 Cal. 421

Syllabus

<p>Factor — Definition — Agent — Freight—Maritime Lien. — The plaintiff forwarded wheat to M.’s Sons, commission merchants, to be shipped to Europe, and sold by them for his account; and M.’s sons shipped the wheat in their own name on a vessel chartered by them, of which the defendant was master—the defendant having no notice of the plaintiff’s ownership. After the wheat was placed on board, and the vessel had received about half her cargo, M.’s Sons became insolvent, and broke the terms of the charter-party by refusing to proceed with the loading; and thereupon, after demand and refusal to deliver, the plaintiff brought his action, and replevied the wheat. Held, that M.’s Sons had authority to deal with the wheat as their own in any contracts within the scope of their agency, and that the plaintiff was bound by their action.</p> <p>Id.—Id—Id.—Id.—Maritime Lien. — Held, further, that the defendant was entitled to a lien on the wheat for the payment of the freight and charges on the completion of the voyage.</p> <p>Id.—Id.—Id.—Id. — Id. — Charter Party. — Construction. —Held, further, that the fact, that M.’s Sons had chartered the ship for the voyage, did not operate to deprive the owner of the benefit of the lien upon the cargo; that such a contract is a letting of the carrying capacity of the vessel, and not of the vessel itself, and is considered in law a contract of affreightment.</p>