Garrison v. . Vermont Mills
Supreme Court of North Carolina
Appeal by the Cone Export and Commission Company, inter-pleaders, claiming the fund in hands of the receiver. The facts found by the referee are substantially as follows: On 15 March, 1906, the Cone Export and Commission Company and the Vermont Mills, Incorporated, entered into a written contract that the Cone Export and Commission Company was to have the exclusive sale of the entire product of the defendant’s mills at Bessemer City, N. 0., except such goods as it might sell…
Read the full summary
Appeal by the Cone Export and Commission Company, inter-pleaders, claiming the fund in hands of the receiver. The facts found by the referee are substantially as follows: On 15 March, 1906, the Cone Export and Commission Company and the Vermont Mills, Incorporated, entered into a written contract that the Cone Export and Commission Company was to have the exclusive sale of the entire product of the defendant’s mills at Bessemer City, N. 0., except such goods as it might sell to its own store for sale to its customers. It is further provided in said contract: “Fourth. The party of the second…
1Opinion of the CourtBeowN, J.
When this case was determined at the first hearing I fully concurred in the opinion of the Court, that “The Cone Export and Commission Company acquired no lien by virtue of its contract of 15 March, 1906, for that was purely an executory contract that goods should be shipped to said company for sale on commission.”
I thought then that it was necessary that the interpleader establish a “factor’s lien” for its advances, and that to do so the factor must show actual possession.
A factor’s lien arises by operation of the common law, for it is universally recognized that a factor, or commission…
2Cases cited30 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- Walker v. BrownSupreme Court of the United States · 1897
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Hurley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1909
- Ketchum v. St. LouisSupreme Court of the United States · 1880
25 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jones Trustee Etc. v. CarpenterSupreme Court of Florida · 1925
- Fulp v. FulpSupreme Court of North Carolina · 1965
- Westall v. WoodMassachusetts Supreme Judicial Court · 1912
- Burrowes v. NimocksCourt of Appeals for the Fourth Circuit · 1929
- Page Trust Co. v. Carolina Construction Co.Supreme Court of North Carolina · 1926
22 more not listed; retrieve them via the Exa API.