Holton & Winn v. John A. Hubbard & Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Zing, J. There arises out of the relation of principal and factor an absolute incapacity on the part of the factor to pledge for his own debts (whatever the form in which the pledge is attempted to be made) property consigned to him for sale, unless especially authorized so to do by his principal.
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APPEAL from the Civil District Court for the Parish of Orleans. Zing, J. There arises out of the relation of principal and factor an absolute incapacity on the part of the factor to pledge for his own debts (whatever the form in which the pledge is attempted to be made) property consigned to him for sale, unless especially authorized so to do by his principal. Though a factor may sell and bind his principal, he can not pledge the goods as a security for his own debt, even though there had been warehouse receipts, under Act 156 of 1888, issued to him therefor. Civil Code, Arts. 3142, 3145,…
1Opinion of the Court
*723The opinion of the court was delivered by
Nicholls, C. J.
The first question submitted to us for decision is as to the respective rights of the plaintiffs, Holton & Winn, and those of the defendant, the Hibernia National Bank, touching one thousand nine hundred and sixty-nine sacks of rice which were placed on storage in the Rio Warehouse in New Orleans by John A. Hubbard in his own name, and for which John Holmes & Co., the proprietors of the said warehouse, issued ten warehouse receipts.
The plaintiffs allege that the idee in question belongs to them, that they shipped it to John A. Hubbard…
2Cases cited5 opinions
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- President of the Portland Bank v. President of the Maine BankMassachusetts Supreme Judicial Court · 1814
- Millaudon v. CollaSupreme Court of Louisiana · 1840
- Saul v. Nicolet's ExecutorsSupreme Court of Louisiana · 1840
- Wiggin v. FlowerSupreme Court of Louisiana · 1843
3Cited by11 opinions
- Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
- Maxwell v. W. B. Thompson & Co.Supreme Court of Louisiana · 1932
- Port Finance Co. v. BerLouisiana Court of Appeal · 1950
- Courrege v. ColginSupreme Court of Louisiana · 1899
- James v. JudiceLouisiana Court of Appeal · 1962
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