Stevens v. Wilson
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. Wilson and the other defendants in error brought replevin against Stevens, in the superior court of the city of New-York, for a quantity of feathers. Verdict and judgment for the plaintiffs; which judgment was affirmed on error in the supreme court.
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On error from the supreme court. Wilson and the other defendants in error brought replevin against Stevens, in the superior court of the city of New-York, for a quantity of feathers. Verdict and judgment for the plaintiffs; which judgment was affirmed on error in the supreme court. For a statement of the facts and the opinion of the court, see 6 Hill, 512. The question in the case was, whether the defendant, who had made advances upon the feathers to one Colgate, the plaintiffs’ factor, with knowledge that he was not the owner of the property, was entitled to hold it for such advances.
1Opinion of the Court
The Chancellor.
Upon the charge of the judge the jury must have decided that the goods did not belong to Colgate,..the factor or agent of the defendants- in error, but were in his hands for sale as the factor of the real owners,.. And I think the judge who tried the cause, as well as the supreme court, was right- in supposing that the act of 1830, for the amendment of the law relative to principals and factors or agents, (1 R. S. 762, tit. 5 of 2d ed.) does not authorize the agent or factor for the purposes of sale, to pledge the goods to a person who knows the character in which the pledgor…
2Cited by17 opinions
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- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- Wright v. SolomonCalifornia Supreme Court · 1861
- Howland v. . WoodruffNew York Court of Appeals · 1875
- Freudenheim v. . G&220tterNew York Court of Appeals · 1911
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