Phillips v. Henshaw

Decided July 1, 1855

California Supreme Court · decided 1855-07-01

This was an action for goods sold and delivered. The case was submitted to a Referee to report a judgment. The Referee reported a judgment in favor of the defendant. The facts found are as follows: Henshaw purchased a bill of goods from Phillips & Mosely, of Boston, which were consigned to plaintiff, who was their agent in San Francisco. After the arrival of the goods, plaintiff delivered them to the defendant, who accepted them and stored them.

Good law ✅— No negative treatment on recordhow we know

Decided 1855-07-01

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Cited by 3 later decisions — most recently October 1927

3 state decisions

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Heydenfeldt, J., delivered the opinion of the Court.

¶1Murray, C. J., concurred.

¶2In this case, I am sure there was no error in the judgment of the Referee. The goods were purchased directly by the defendant, from Phillips & Mosely, and although they were consigned to the plaintiff, it was expressly to fill the order or purchase of the defendant. Although it may be true, that a payment to the plaintiff would relieve the defendant from liability to Phillips & Mosely, yet it gives him no right to sue in his own name. If this practice were allowed, infinite complexity might arise in the trials of suits at law, upon the ground of set-off, recoupment, consideration, and probably others. If the purchase had been made directly from the plaintiffs, the rule would be different, although the goods belonged to another.

¶3The report of the Referee should not have been disturbed.

¶4Order of new trial reversed, and cause remanded.