Pinson v. Schmalz

Citations

• 94 Cal. 651
• 30 P. 3
• 1892 Cal. LEXIS 740

Syllabus

<p>Agency — Shipment of Goods to Order of Principal — Request of Agent Disregarded — Action by Agent for Proceeds — Money Had and Received. — Where coffee was shipped to the defendant by the plaintiff in his own name, but as the agent of third parties with whom defendant had dealings, and a previous understanding that they were to ship their coffee to him, and the shipper gave instructions to hold the coffee to the order of such third parties, and at the same time preferred a request to the defendant to send a bill of goods to the shipper to be charged to such third parties, the plaintiff cannot maintain an action against the defendant to recover the proceeds of the coffe.e as money had and received to the use of plaintiff upon demand therefor made after defendant had accounted to such third parties for the coffee, as requested by them, notwithstanding defendant did not send the goods to plaintiff, as requested by him, it not appearing that plaintiff had any interest in or lien upon the goods, or made any claim, except for the cash proceeds of the coffee.</p>