Cartwright v. . Wilmerding
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Action by the plaintiffs, who were English manufacturers, » under the firm of Cartwright & Warners, to avoid two pledges of merchandise made by Acker & Harris to the defendants.
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Appeal from the Superior Court of the city of New York. Action by the plaintiffs, who were English manufacturers, » under the firm of Cartwright & Warners, to avoid two pledges of merchandise made by Acker & Harris to the defendants. The trial was by the court, without jury, and the judge found these facts: The plaintiffs, between January and August, 1857, made five shipments of hosiery, consigned to Acker & Harris, who were merchants in New York, and for two or three years had been their agents for the sale of their goods, to bp sold for and on account of the plaintiffs. Invoices were sent…
1Opinion of the CourtGould, J.
This case involves the construction of the statute of this State conünonly called the factors' act, which is an act “ relative to principals, factors and agents,” passed April 116th, 1830; and is to be found in the Laws of 1830, page 203, |and in 3 Revised Statutes, 5th edition, page 76. The act was untended to modify and make certain, (in its practical application to the current transactions of trade and commerce,) the general common-law rule, that, where one of two innocent persons .must suffer loss from the act of a third person, such loss shall be borne by him, who has placed the third…
2Cases cited4 opinions
- Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
- Mottram v. HeyerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Bonito v. Mosquera & Co.The Superior Court of New York City · 1858
- Waldron v. . RomaineNew York Court of Appeals · 1860
3Cited by31 opinions
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Burrowes v. NimocksCourt of Appeals for the Fourth Circuit · 1929
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Howland v. . WoodruffNew York Court of Appeals · 1875
- Osborn v. KoenigheimTexas Supreme Court · 1882
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