Sinsheimer v. Whitely

Citations

• 111 Cal. 378
• 43 P. 1109
• 1896 Cal. LEXIS 592

Syllabus

<p>Warehouse Receipt — Weighing Tags — Pledge of Stored Goods r— Insufficient Delivery—Attachment.—In order to constitute a warehouse receipt, a transfer of which will pass title and constructive possession of goods stored thereunder, there must be something on the face of the instrument to indicate that a contract of storage has been entered into; and mere weighing tags given by a company that makes no charge for storage, which only show the weight and number of sacks of beans weighed on the company’s scales, for the person named therein, are not warehouse receipts, and the transfer of such weighing tags to a pledgee thereof does not transfer possession of the beans, and they may be attached by a creditor of the pledgor.</p> <p>Id.—Warehousemen—Power to Issue Warehouse Receipts.—It is only persons who pursue the calling of warehousemen, by receiving and storing goods in a warehouse as a business for profit, that have power to issue a technical warehouse receipt, the transfer of which is a good delivery of the goods represented by it.</p> <p>Id. —Levy of Attachment—Possession by Keeper—Parol Evidence to Aid Return.—Goods stored in a warehouse are sufficiently levied upon under a writ of attachment by taking actual possession of them and placing them in charge of a keeper, and the return of the officer may be aided by parol evidence showing that he remained in possession of the goods by his keeper.</p>