Richmond Guano Co. v. W.R. Grace & Co.
| Decision Date | 07 November 1922 |
| Docket Number | 1994. |
| Citation | 284 F. 801 |
| Parties | RICHMOND GUANO CO. v. W. R. GRACE & CO. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Berkeley Cox and S. S. P. Patteson, both of Richmond, Va. (J. H Rives, Jr., of Richmond, Va., on the brief), for plaintiff in error.
Edward R. Baird, Jr., of Norfolk, Va. (Baird, White & Lanning and R Clarence Dozier, all of Norfolk, Va., and V. S. Thomas, of Wilmington, Del., on the brief), for defendant in error.
Before KNAPP and WOODS, Circuit Judges, and SMITH, District Judge.
W. R Grace & Co. recovered, on February 11, 1922, judgment against Richmond Guano Company for the value of two cars of nitrate of soda alleged to have been taken from it by W. B. Tredwell and sold to the Guano Company. There are no contradictions in the testimony.
Grace & Co., Incorporated, is a large importer of nitrate of soda. W. B. Tredwell was a public stevedore, weigher, and forwarding agent in Hampton Roads. He was known in that business, and the record does not indicate that he was known to the plaintiff or defendant or any one else in any other business. Grace & Co. employed him as a stevedore, weigher, and shipper from the early part of 1915 till his discharge in September or October, 1918. The method of business was this: Grace & Co. sold to its customers from its office in New York nitrate imported in vessels owned or chartered by it. On arrival of the ships Tredwell, as the corporation's authorized customs broker, entered the cargoes at the custom house. By an oral contract he was employed by Grace & Co. to unload the cargo. He was also employed as a stevedore by the railroad company to load the nitrate on its cars at the dock. His practice was to perform this service to Grace & Co. and the railroad company by loading directly from the ship to the cars. Tredwell, under authority from Grace & Co., directed the consignment of the nitrate as he was ordered by Grace & Co. from their office in New York. This was the extent of Tredwell's employment and agency. There was no evidence that he had any other authority, or that he was in any way held out by plaintiff as having such authority to make sales or collect money.
The Rhone, a sailing vessel containing a cargo of nitrate, the property of Grace & Co. and consigned to it, arrived in Norfolk in July and the cargo was entered by Tredwell at the custom house, July 16, 1918, as the property of Grace & Co. Plaintiff, having sold the nitrate to AEtna Explosive Company and King Powder Company, directed Tredwell to consign it to them. Instead of doing so, Tredwell, after loading the nitrate on cars consigned it, on July 18th, first to Department of Agriculture, Martins warehouse, Water street. On the same day he changed the consignment to Richmond Guano Company, Richmond, Va. The order for both consignments was made by 'R. E. De Jarnette per Tredwell. ' The shipment to Richmond Guano Company was in fulfillment of a contract of purchase...
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E. I. Du Pont De Nemours & Co. v. Tomlinson
... ... 266 F. 350; Whitehurst v. U.S. (C.C.A.) 272 F. 46; ... Richmond Guano Co. v. E. I. Du Pont de Nemours & Co ... (C.C.A.) 284 F. 803; mond Guano Co. v. W. R ... Grace Co. (C.C.A.) 284 F. 801. In the f case a judgment ... against Tredwell ... ...
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Richmond Guano Co. v. E.I. Du Pont de Nemours & Co.
...These cases were tried together and resulted in verdicts for the plaintiff for the amounts claimed. Like the case of Richmond Guano Co. v. W. R. Grace & Co., 284 F. 801, this day decided, they arise out of the nefarious sales nitrate by W. B. Tredwell, but the issues are less simple. Other ......
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Pridgen v. Baugh & Sons Co.
...where the element of negotiability does not enter — was considered by this court in the comparatively recent cases of Richmond Guano Co. v. W. R. Grace & Co., 284 F. 801, Richmond Guano Co. v. E. I. Du Pont de Nemours & Co., 284 F. 803, and E. I. Du Pont de Nemours & Co. v. Tomlinson et al.......