Stewart v. Naud

Citations

• 125 Cal. 596
• 58 P. 186
• 1899 Cal. LEXIS 909

Syllabus

<p>Warehouse—Sale of Stored Goods fob Charges—Actual Notice to Owner Essential.—Under the statutes of this state, a sale of goods stored in a warehouse, to satisfy the lien of the warehouseman for unpaid storage charges, if the goods are other than perishable property, baggage or luggage, can only be made at auction after such actual notice to the owner of the time and place of sale, and notice to the public usual at the place of sale, as is required in the case of the sale of pledged property, or upon foreclosure of the right of redemption by a judicial sale under the direction of a competent court.</p> <p>Id.—Sale of Household Goods—Conversion.—Upon the sale of stored household goods by a warehouseman to pay storage charges thereon, without actual notice to the owner, the warehouseman is liable to the owner for conversion of the goods.</p> <p>Id.—Negligence of Warehouseman—Ignorance of Owner’s Address.—The negligence of the agent in charge of the warehouse in not having noted the address of the owner of the goods on the warehouse books, as requested, was the negligence of the warehouseman; and the resulting ignorance o£ his address cannot excuse the want of actual notice to him of the time and place of sale.</p>