Thayer v. Dwight
Massachusetts Supreme Judicial Court
Contract by the assignees of the bankrupt estate of Jenkins, Brother & Chipman, for a balance of the price of cotton sold to the defendants.
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Contract by the assignees of the bankrupt estate of Jenkins, Brother & Chipman, for a balance of the price of cotton sold to the defendants. At the trial in the superior court, before Rockwell, J., the facts appeared as follows: Before December 7, 1868, the firm of Jenkins, Brother & Chipman pledged to Charles Hulbert, in several lots, 155 bales of cotton as collateral security for money which he lent to them to the amount of more than $17,088.14. All these contracts of pledge were expressed in writings of the same purport with the following, which was the contract in reference to 100 of the…
1Opinion of the CourtWells, J.
The facts reported do not show a waiver of his lien by Hulbert; nor such an abandonment of possession as would discharge or destroy the lien. By the terms of the pledge, he was authorized to make a sale of the property, and apply the proceeds to the payment of his debt. He could do this through agents, as well as personally. There was nothing in the nature of the transactions, or the relations of the parties, to prevent his employing the debtors themselves as such agents. By allowing them to contract in their own names he took the usual risks of such an authority; and if the purchasers had…
2Cited by13 opinions
- Durfee v. HarperMontana Supreme Court · 1899
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Harrison v. Merchants Nat. BankCourt of Appeals for the Eighth Circuit · 1942
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
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