Newhall v. Vargas
Supreme Judicial Court of Maine
This case came before the Court on a statement of facts, of which sucli are given, as are necessary for the proper understanding of the questions of law raised on the argument.
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This case came before the Court on a statement of facts, of which sucli are given, as are necessary for the proper understanding of the questions of law raised on the argument. The action was replevin brought by the plaintiffs, as administrators of the estate of Samuel Winter, for a quantity of molasses, the cargo of tbe barque William Smith, imported into Portland from Havana in tbe island of Cuba, in September, 1835; of which barque Levi Peterson was master, and said Samuel Winter sole owner. Said barque arrived at Matanzas in said island in August, 1835, consigned to N. Cross, Jr. as the…
1Opinion of the Court
*103Tho action was continued nisi, and the opinion afterwards drawn up by
Weston C. J.
Joseph Vargas, having due authority therefor, furnished for the intestate’s barque a return cargo of molasses, in part payment of which the net proceeds of the outward cargo were applied. It is insisted, that in this business ho acted as factor; and as such could not exercise the right, upon which the defendants’ title depends. The circumstance of his having purchased the molasses specially for this purpose, can make no difference. It was paid for out of his own funds; and he stood in relation to the intestate in…
2Cases cited2 opinions
- Bolin v. HuffnagleSupreme Court of Pennsylvania · 1828
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1812
3Cited by10 opinions
- Mora Y Ledon v. . HavemeyerNew York Court of Appeals · 1890
- Tobias v. . LissbergerNew York Court of Appeals · 1887
- A. B. Symns & Co. v. Wm. Schotten & Co.Supreme Court of Kansas · 1886
- Busch v. ManahanNorth Dakota Supreme Court · 1928
- United States v. Alaska Consol. CanneriesDistrict Court, W.D. Washington · 1924
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