Baxter v. Sherman
Supreme Court of Minnesota
Action in the municipal court for the city of Minneapolis to recover $190, the purchase price of certain goods alleged to have been sold by plaintiffs to defendant. The cause was tried before W. A. Kerr, J., without a jury, and judgment was ordered for defendant. From an order denying their motion for a new trial, plaintiffs appealed.
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Action in the municipal court for the city of Minneapolis to recover $190, the purchase price of certain goods alleged to have been sold by plaintiffs to defendant. The cause was tried before W. A. Kerr, J., without a jury, and judgment was ordered for defendant. From an order denying their motion for a new trial, plaintiffs appealed. Commission merchants have no incidental authority to barter the goods of their principals, nor to pledge such goods for advances to themselves, nor to dispose of them in payment of their own debts; and the party receiving such goods in such manner will not…
1Opinion of the CourtMitchell, J.
One Shea was, to the knowledge of the defendant, a commission merchant or factor, who sold, on account of the consignors, fruit and produce consigned to him by others; but at the same time he. dealt on his own account in the same kind of property. The defendant was a dealer on his own account in the same city in the same kind of property. The plaintiffs were engaged in the fruit and produce business a.t Nauvoo, Illinois, and had for years been in the habit of shipping such property to Shea as their agent, to be by him sold on their account and to remit to them the proceeds, less his…
2Cases cited1 opinion
- Wright v. SolomonCalifornia Supreme Court · 1861
3Cited by10 opinions
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Geyser-Marion Gold-Min. Co. v. StarkCourt of Appeals for the Eighth Circuit · 1901
- Darling-Singer Lumber Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1935
- Frazier v. PoindexterSupreme Court of Arkansas · 1906
- Van Dusen-Harrington Co. v. JungeblutSupreme Court of Minnesota · 1899
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