Byrne, Ryan, & Co. v. Schwing
Court of Appeals of Kentucky
Writs of error to the JeffErson Circuit. Assumfsit. Case 38. The case stated* Where consignments are made ■of property to a factor or agent ffor sale, he is «authorized to sell ’for cash or on credit, according to the usage of the place where the sale is to be made— Ifhe acts in good faith he is not responsible for losses.
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Writs of error to the JeffErson Circuit. Assumfsit. Case 38. The case stated* Where consignments are made ■of property to a factor or agent ffor sale, he is «authorized to sell ’for cash or on credit, according to the usage of the place where the sale is to be made— Ifhe acts in good faith he is not responsible for losses. But in case of a sale by a factor on credit, if he cash the notes and appropriate the proceeds when not necessary to meet acceptances of the bills of the con. signor, it is a breach of trust and renders the factor responsible. may 'have'1 en-domed the notes afterwards…
1Opinion of the Court
Judge Brech.
delivered the opinion of the Court.
These cases will be considered together. ■ The first was an,action of assumpsit brought by the plaintiffs in error against Alsop and Schwing. During the progress of the cause Alsop died, and. the suit was afterwards prosecuted against Schwing, as surviving partner, who plead non assumpsit, and upon the trial of the cause, the Court instructed the jury to find as in case of a non suit, and a verdict and judgment were rendered for the defendant. To reverse that judgment, Byrne, Ryan, & Co. prosecute this writ of error.
Whether the Circuit Judge…
2Cited by1 opinion
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