Koyukuk Mining Co. v. Van De Vanter

Citations

• 30 Wash. 385
• 70 P. 966
• 1902 Wash. LEXIS 700

Syllabus

<p>CONVERSION-CUSTODY OE GOODS-EVIDENCE-ACTS OE AGENT —LIABILITY OE PRINCIPAL.</p> <p>Where the business of acting as custodian of goods attached by a sheriff was entirely foreign to the character of business carried on by a corporation, and it had never authorized its agent to act in that capacity, evidence showing conversations between such agent and the sheriff, to the effect that the agent agreed to keep such goods for the sheriff, after the levy thereon while in the company’s possession, was admissible in an action against the corporation for the conversion of the goods, since the corporation would not be bound by the acts of the agent beyond the scope of his authority.</p> <p>CARRIER-LIEN-ENFORCEMENT.</p> <p>Where a carrier, having a lien upon goods for freight and wharfage, had never surrendered possession thereof to the sheriff upon an attachment against the goods, its subsequent sale of the goods to satisfy its lien would be legal.</p> <p>SAME-PLEADING-VARIANCE.</p> <p>Where a complaint in an action was founded on the theory that defendant, while acting as custodian of goods under a levy by the sheriff, had converted same to its own use, plaintiff could not recover upon a contract to the effect that defendant had a lien on the goods for freight and wharfage charges and had agreed to notify plaintiff in case it became necessary for it to dispose of the goods.</p> <p>SAME — 'DISPOSITION OP SURPLUS.</p> <p>Where a carrier has sold goods for a sum in excess of its lien for freight and wharfage charges, the court may properly order the excess turned over to the county treasurer, under Bal. Code, § 5966, subject to the order of the party entitled thereto.</p> <p>COSTS-ATTORNEY’S PEES-RECOVERY BY SEVERAL DEPENDANTS.</p> <p>Statutory attorney fees are allowable to each of several defendants who answer-separately, under Bal. Code, §5171, which provides that “in all actions where there are several defendants not united in interest, and mating separate defenses by sep