Nowell v. Seattle Transfer Co.

Citations

• 63 Wash. 685
• 116 P. 287
• 1911 Wash. LEXIS 1267

Syllabus

<p>Warehousemen — Receipts. An instrument in writing signed by the agent of a warehouseman, describing freight so as to identify it, stating the names of the owners, terms of storage, and promising a delivery upon surrender of the writing, is a warehouse receipt, within Rem. & Bal. Code, § 3369.</p> <p>Warehousemen — Receipts—Loss op Goods — Defenses — Estoppel. A warehouseman who issued a warehouse receipt in exchange for a railroad delivery order without obtaining possession of the goods, as required by Rem. & Bal. Code, § 3369, cannot evade liability for the loss of the goods, where it retained storage charges for two years, knowing that the goods were lost and never in possession, and not notifying the owners of the loss.</p> <p>Bailment- — Pleadinqs—Amendments. In an action by bailors to recover the value of goods lost by a bailee, it is not error to allow the complaint to be amended to allege that the' plaintiffs were the owners of the goods.</p> <p>Adpeal — Review—Haemless Ekeoe. In an action by bailors for the value of goods lost, it is harmless error that judgment was rendered in favor of both plaintiffs when the evidence showed that only one of them was interested in the goods.</p>