Newhall v. Central Pacific Railroad

Citations

• 51 Cal. 345
• 1876 Cal. LEXIS 46

Syllabus

<p>Liability or Common Carrier.—If the owner of goods sells the same on credit and ships them on a railroad to the vendee, as consignee, with hills of lading in the usual form, and while the goods are in transit the vendee becomes insolvent, and the vendor notifies the railroad company that he stops the goods; and if after such notification the vendee indorses the bill of lading in the usual course of business to a third person, who in good faith, and without knowledge of the insolvency, or of such notification, advances money thereon, to be repaid out of the proceeds of the goods to be sold by him at auction, the assignee, on tender of freight and charges, is entitled to receive the goods from the carrier, as against the vendor.</p>