Legal Opinion

Florence Sewing Machine Co. v. Warford

The Superior Court of New York City

Decided July 2, 1869Published

This case was tried before Mr. Justice Jones and a jury. Appeal from judgment entered upon the verdict of the jury in favor of the plaintiffs, that the plaintiffs have possession of one hundred sewing machines, and assessing the value thereof at $7,000, &c., &c.; and, also, from an order denying the motion made by the defendants upon the Judge’s minutes for a new trial. The facts fully appear in the opinion of the Court.

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This case was tried before Mr. Justice Jones and a jury. Appeal from judgment entered upon the verdict of the jury in favor of the plaintiffs, that the plaintiffs have possession of one hundred sewing machines, and assessing the value thereof at $7,000, &c., &c.; and, also, from an order denying the motion made by the defendants upon the Judge’s minutes for a new trial. The facts fully appear in the opinion of the Court. In the true construction and application of the Factor’s Act, the test of the pledgee’s right to hold the goods as against the consignor or principal is in the very words of…

1Opinion of the Court

By the Court:

Freedman, J.

The first question to be determined is whether George B. Buell was a factor or agent of the Florence Sewing Machine Company -within the meaning of the so-called Factors’ Act. This act, passed April 16,1830, is entitled “An act for the amendment of the law relative to principals and factors or agents ” (Laws 1830, p. 203; Edmond’s. Statutes at large, vol. iv, p. 461).

It is necessary only for the present purpose to consider the effect and meaning of the third section of said act, which is as follows:

“ Sec. 3. Every factor, or other agent, intrusted with the possession…

2Cases cited18 opinions

  1. Everett v. SaltusNew York Supreme Court · 1836
  2. Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
  3. Fassett v. . SmithNew York Court of Appeals · 1861
  4. Everett v. CoffinNew York Supreme Court · 1831
  5. Cartwright v. . WilmerdingNew York Court of Appeals · 1862

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