Snelling v. Arbuckle Bros.
Supreme Court of Georgia
Complaint. Before Judge Felton. Bibb superior court. April term, 1897. Arbuckle Brothers sent coffee to Allen under a contract whereby they appointed him a special selling factor of the coffee, restricting and defining his duties and obligations by the following provisions: “ I. That all goods consigned on your requisitions on us shall, until sold in regular course of business and to bona fide retail customers, remain our property with the title in us, and shall merely be…
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Complaint. Before Judge Felton. Bibb superior court. April term, 1897. Arbuckle Brothers sent coffee to Allen under a contract whereby they appointed him a special selling factor of the coffee, restricting and defining his duties and obligations by the following provisions: “ I. That all goods consigned on your requisitions on us shall, until sold in regular course of business and to bona fide retail customers, remain our property with the title in us, and shall merely be held by you as our factor, and shall at all times be subject to our order for disposal or removal on payment of all claims…
1Opinion of the CourtFish, J.
The case turns upon the proper legal construction to be given the written agreement or contract between Arbuckle Brothers and Allen. If, as contended by the defendants in error, the legal effect of the paper in question is to create between the parties thereto the relation of principal and factor, the latter selling the goods of the former under a del credere commission, then Arbuckle Brothers are entitled to the funds in the hands of Allen’s assignee, arising from accounts against customers to whom Allen had sold goods consigned to him by the Arbuckles. If, on the other hand, this paper,…
2Cases cited7 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
- Cowan v. Singer Manufacturing Co.Tennessee Supreme Court · 1893
- National Bank v. GoodyearSupreme Court of Georgia · 1893
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3Cited by11 opinions
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- Handlan Buck Manufacturing Co. v. Stave Electrical Co.Missouri Court of Appeals · 1913
- Federal Rubber Co. v. KingCourt of Appeals of Georgia · 1913
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