Legal Opinion

Pinkham v. Crooker

Supreme Judicial Court of Maine

Decided December 8, 1885PublishedCited by 2 opinions

On report. Assumpsit on an account annexed for sixteen sacks of wool —■ ■two thousand two hundred sixty eight and one-half pounds at twenty seven cents a pound — six hundred twelve dollars and •fifty cents ; ■ also for money had and received. The wool was sold by the defendant in his own name with ■other wool belonging to him to the Sebee Woolen Company on ■sixty days’ time and the purchaser failed before the payment was ■due and paid twenty-five cents on a dollar.

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On report. Assumpsit on an account annexed for sixteen sacks of wool —■ ■two thousand two hundred sixty eight and one-half pounds at twenty seven cents a pound — six hundred twelve dollars and •fifty cents ; ■ also for money had and received. The wool was sold by the defendant in his own name with ■other wool belonging to him to the Sebee Woolen Company on ■sixty days’ time and the purchaser failed before the payment was ■due and paid twenty-five cents on a dollar. The opinion states ■other material facts. ■contended that the defendant was liable for the value of the plaintiff’s wool because…

1Opinion of the CourtPeters, C. J.

The defendant, as a factor, no instructions being imposed upon him, sold the plaintiff’s wool at the plaintiff’s risk, upon credit; the purchaser failing before the debt became due. The defendant exercised due care in taking the risk, if he was justified in so selling the goods. Does the law authorize a factor to sell his principal’s goods on credit?

It was held in an early case in this state that a factor has such authority. Greely v. Bartlett, 1 Maine, 172. It was the doctrine of the Massachusetts court when our own state was a portion of that commonwealth. Goodenow v. Tyler, 7 Mass. 36. It…

2Cases cited1 opinion

  1. Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810

3Cited by2 opinions

  1. M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901
  2. H. W. Benedict & Co. v. Inland Grain Co.Missouri Court of Appeals · 1899

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