Kohn v. Richmond

Citations

• 37 S.C. 1
• 24 L.R.A. 100
• 16 S.E. 376
• 1892 S.C. LEXIS 52

Syllabus

<p>1. Common Carriers—Surrender to Rightful Owner.—Where goods were received by a common carrier for transportation, and their possession then demanded by the agent of the shipper’s mortgagee, after condition broken, but the carrier declined to surrender the possession, and after retaining them until next day then shipped the goods to their destination, the carrier is not liable to the mortgagee for a conversion of the goods.</p> <p>2. Chattel Mortgages—Constable—Agent.—The appointment of a constable to seize goods covered by a chattel mortgage, after condition broken, does not constitute the constable anything more than an agent of the mortgagee ; and an effort by him as such agent to seize the goods is not ah attempted execution of legal process.</p> <p>3. Estoppel.—The presence and silence of the mortgagor when demand was made by the mortgagee upon the common carrier for the goods, and the demand was refused, were not such an admission by the mortgagor of the mortgagee’s ownership, as made it the duty of the carrier to yield to such demand.</p> <p>Mr. Justice Pope dissenting.</p>