McGraft v. Rugee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of replevin, commenced March 9, 1882, for a stock of lumber, lath, etc., which was held by Seyfried & Schieffer, as factors of the plaintiffs. The defendants justified under two executions against Seyfried & Schieffer.
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APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice Cassoday: “ This is an action of replevin, commenced March 9, 1882, for a stock of lumber, lath, etc., which was held by Seyfried & Schieffer, as factors of the plaintiffs. The defendants justified under two executions against Seyfried & Schieffer. The cause, being at issue, was, on motion of the defendants, referred to Hugh Ryan, Esq., a court commissioner, to hear, try, and determine, Janua^r 17, 1882. After hearing and trial, the referee made and filed his report, December 5, 1882. The defendants…
1Opinion of the CourtCassoday, J.
An agent employed to sell, or to purchase and sell, goods or other personal property intrusted to his possession, by or for his principal, for a compensation, commonly called factorage or commission, may properly be regarded as a factor. Story on Agency, §§ 33-34n¡/ Edwards on Factors, § 1; Wharton on Agency, § 735. Here the duties, powers, and compensation of the factors, and their relation to their principals, were originally regulated by agreement. True, there were some departures after the business had continued for a while, but there is nothing to indicate any change as to the title of…
2Cases cited6 opinions
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- United States v. VillalongaSupreme Court of the United States · 1874
- Beebe v. . MeadNew York Court of Appeals · 1865
- Weed v. AdamsSupreme Court of Connecticut · 1870
- Bryce & Rennie v. BrooksNew York Supreme Court · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Monongahela Distillery Co.District Court, E.D. Michigan · 1910
- Beardsley v. SchmidtWisconsin Supreme Court · 1904
- M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1901
- Turner v. Crumpton & CrumptonNorth Dakota Supreme Court · 1911