Ahiu v. Lambert

Decided July 15, 1873

Hawaii Supreme Court · decided 1873-07-15

The plaintiff gave the defendant, master of the schooner Jenny, 154.00 'at Kauai to deliver tó one Chung Hoon, in Honolulu, taking the defendant’s receipt therefor. The said Chung Hoon was absent from Honolulu on the arrival of the schooner, but his clerk requested the defendant to deliver him the money, to which the defendant replied, that the money was deposited with Foster & Co., the agents and owners of the schooner.

Decided 1873-07-15

¶1OPINION OP THE COURT BY

HARTWELL, J.

¶2We think the consignor can sue for non-delivery of the money as agreed, after the demand made by the consignee’s clerk. There is no inference in the case that the property had passed to the consignee, rather-the contrary, if any presumption were made. The carrier was of the consignor’s choosing, and the money was- not sent on an order by the consigned. Re-delivery, to the Consignor would be a good defense to a suit by the consignee. There is privity of contract between the consignor and the defendant, and an action lies for breach thereof. The declaration is sufficient for an action of contract. — Smith’s Merc. Law, 361; Chitty’s Contracts, 421; 1 Parsons’ Mar. Law, 212, et seq.

¶3Exception overruled.