Moore v. Hill

Citations

• 38 F. 330
• 1889 U.S. App. LEXIS 2134

Syllabus

<p>1 Shipping — The Master — Sale of Damaged Cargo.</p> <p>The master of a vessel has no power after arrival at the port of destination to sell that part of the cargo which has been damaged by fire while under way, and a factor who sells, as his agent, while ignorant of the wrong-doing, and applies the proceeds to the pajrment of advances made to the master, is liable to the consignor for a conversion of the goods to his own use. Ter Jackson, J, Hammond, J. per contra.</p> <p>2. Factors and Brokers — Sale of Goods Fraudulently Obtained — Conversion.</p> <p>If one having the custody of goods for carriage fraudulently appropriate them to his own use by consigning them in his own name for sale to a factor who makes advances upon them, the factor is liable for conversion to the rightful owner if he sell them and retain the advances out of the proceeds, although he be entirely ignorant of any want of title in his customer, and wholly innocent of any wrongful intention on his part. Per Jackson, J. Hammond, J., per contra.</p> <p>8. .Same.</p> <p>Cotton shipped by a vessel for transportation partly by river and partly by rail, was burned en route on the river, so that it became an indistinguishable mass, as between its owners and shippers. The master, on arriving at the destination of the vessel, consigned the burnt cotton in his own name, without disclosing the facts, and acting as if he were the owner,, to a factor for sale, drawing drafts against it which were paid by the factor as advances on the hill of lading, in the innocent belief that his customer was the rightful owner. After the cotton was sold, and the proceeds collected by the factor, hut before the credits wore actually entered,on the books, the rightful owner gave notice that he owned a proportional part of it, and demanded the proceeds, which being refused, he brought this suit for conversion. Held, per Jackson, J., that the factor was liable, and per Hammond, J., that he was not.1</p>