Legal Opinion

Kinder v. Shaw

Massachusetts Supreme Judicial Court

Decided March 15, 1807PublishedCited by 19 opinions

This was an action of trover for sundry goods described in a schedule annexed to the declaration. (b) Upon the trial before Parker, J., at the last November term, the following facts were in evidence: — The goods in question were placed by the plaintiffs in the care and custody of one Abraham Carter, who kept a retail shop, under an agreement between him and the plaintiffs that all goods so put into his hands should be sold for the account and risk of the plaintiffs, should…

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This was an action of trover for sundry goods described in a schedule annexed to the declaration. (b) Upon the trial before Parker, J., at the last November term, the following facts were in evidence: — The goods in question were placed by the plaintiffs in the care and custody of one Abraham Carter, who kept a retail shop, under an agreement between him and the plaintiffs that all goods so put into his hands should be sold for the account and risk of the plaintiffs, should all be distinctly marked with a large K, and kept separate from Carter’s own goods. When any of them should be sold, the…

1Opinion of the Court

Paksons, C. J.,

afterwards observed that the Court, considering the question of importance to the mercantile part of the community, had looked into the case with attention, and were all of opinion that a factor has no authority to pawn goods which have been intrusted to him for sale. The rights of the principal and factor depend on the law merchant, which has been adopted by the common law. By this law a factor is but the attorney of his principal, and he is bound to pursue the powers delegated to him. (2) If he sells the goods on a credit as his own, the purchaser not knowing him to be a…

2Cases cited2 opinions

  1. Odiorne v. MaxcyMassachusetts Supreme Judicial Court · 1816
  2. Urquhart v. M'IverNew York Supreme Court · 1809

3Cited by19 opinions

  1. Mowrey v. WalshNew York Supreme Court · 1828
  2. Allen v. St. Louis BankSupreme Court of the United States · 1887
  3. Herron v. HughesCalifornia Supreme Court · 1864
  4. Wright v. SolomonCalifornia Supreme Court · 1861
  5. Kee v. BeckerCalifornia Court of Appeal · 1942

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