Gihon v. . Stanton
New York Court of Appeals
This was an action of assumpsit, commenced in January, 1848, to recover the money paid upon four drafts, drawn by the agent of the defendants upon the plaintiffs, and accepted and paid by the latter.
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This was an action of assumpsit, commenced in January, 1848, to recover the money paid upon four drafts, drawn by the agent of the defendants upon the plaintiffs, and accepted and paid by the latter. The drafts were as follows • 1 dated July 10th, 1845, at sight for $1600 1 . “ July 14th, “ “ 500 1 “ July 16th, “ 1000 1 “ July" 19 th, “ “ 400 The plaintiffs during the year 1845 were commission merchants in the city of Philadelphia, and the defendants during the same time were manufacturers of woolen goods in the county of Oneida in this state. On the 10th day of July, 1845, the defendants by…
1Opinion of the Court
Seldeít, J.
The decisions in relation to the somewhat complex rights, duties and obligations of principal and factor, are numerous; but very few of them have any direct bearing upon the point raised in this case. It would seem, from an examination of the long series of cases on this subject, that hardly any one had ever thought of contending that a factor or commission merchant, who, for the sake of inducing consignments to himself, makes advances to the consignor upon the faith of the goods consigned, and in anticipation of their avails, could, without rendering any account of the disposition…
2Cases cited2 opinions
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
- Mottram v. MillsThe Superior Court of New York City · 1848
3Cited by13 opinions
- Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
- Lewis v. MontgomeryIllinois Supreme Court · 1893
- William F. Mosser Co. v. Cherry River Boom & Lumber Co.Supreme Court of Pennsylvania · 1927
- Joseph P. Murphy Co.'s Assigned EstateSupreme Court of Pennsylvania · 1906
- Balderston v. National Rubber Co.Supreme Court of Rhode Island · 1893
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