Legal Opinion

State ex rel. Parker v. Thompson

Supreme Court of Missouri

Decided February 5, 1894PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge.- (1) A factor is a person to whom goods are consigned for sale, by a merchant residing abroad, or at a distance from the place of sale, for compensation, or a commission. Winn v. Hammond, 37 111. 103; Nagel v. McFeeters, 97 N. Y. 196; Baring v. Corfie, 2 B. & Aid. 143; Cotton v. Hiller, 52 Miss. 13; 3 Am. and Eng.

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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge.- (1) A factor is a person to whom goods are consigned for sale, by a merchant residing abroad, or at a distance from the place of sale, for compensation, or a commission. Winn v. Hammond, 37 111. 103; Nagel v. McFeeters, 97 N. Y. 196; Baring v. Corfie, 2 B. & Aid. 143; Cotton v. Hiller, 52 Miss. 13; 3 Am. and Eng. Encyclopedia of Law, 317; Ewell’s Evans on Agency, [Ed. of 1879], p. 3; Story on Agency [8 Ed.], sec. 33. (2) The compensation of a factor is usually a commission, but his compensation may be a fixed salary without…

1Opinion of the CourtBlack, J.

Daniel B. Sickles commenced a suit of attachment in the circuit court of the city of St. Louis against the Anchor Manufacturing Company, in March, 1890. The sheriff levied the writ upon a small steam boiler, a stave cutting machine and some other machinery and office furniture and also upon some $5,000 worth of barrels and barrel ■ material, all of which was then in the possession of James H. Parker, the plaintiff in this action. Parker served upon the sheriff a written notice of a claim to the property, stating the claim to be that of a factor. Thereupon the plaintiff in the attachment suit…

2Cases cited5 opinions

  1. First National Bank v. SchweenIllinois Supreme Court · 1889
  2. Lewis v. MasonSupreme Court of Missouri · 1887
  3. Shaw v. FergusonIndiana Supreme Court · 1881
  4. Winne v. HammondIllinois Supreme Court · 1865
  5. Nagle v. . McFeetersNew York Court of Appeals · 1884

3Cited by4 opinions

  1. State v. Miles Laboratories, Inc.Supreme Court of Missouri · 1955
  2. Kemp-Booth Co. v. CalvinCourt of Appeals for the Ninth Circuit · 1936
  3. Rhee v. L. K. Small Co.California Court of Appeal · 1927
  4. Comer v. State Tax Commission of New MexicoNew Mexico Supreme Court · 1937

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