Holton v. Smith
Superior Court of New Hampshire
TROver for certain harnesses, saddles and bridles. Upon the trial it appeared that the plaintiff, being the owner of said articles, on the 14th June, 1833, delivered the same to one George Miller, who at the same time executed and delivered to the plaintiff a writing, describing the goods, and affixing prices, and containing a receipt, as follows, viz. : “ Rec’d the above saddling, to sell and account for at the above prices.”
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TROver for certain harnesses, saddles and bridles. Upon the trial it appeared that the plaintiff, being the owner of said articles, on the 14th June, 1833, delivered the same to one George Miller, who at the same time executed and delivered to the plaintiff a writing, describing the goods, and affixing prices, and containing a receipt, as follows, viz. : “ Rec’d the above saddling, to sell and account for at the above prices.” About the same time a quantity of English goods was delivered to Miller, by a third person, to be sold ; and he went to Bath, where the defendant lived, hired a store,…
1Opinion of the CourtParker, J.
It is well settled that a factor has no authority to pledge the goods of his principal. 1 M. & S. 140, Martini vs. Coles; 1 Starkie’s Rep. 472, Peet vs. Baxter; 2 ditto 21, Graham vs. Dyster; 3 B. & C. 342, Queiroz vs. Truman; 3 Bing. 139, Williams vs. Barton; 2 Mass. 398, Kinder vs. Shaw. In 2 Bro. & Bing. 639, Fielding vs. Kymer, the plaintiffs consigned goods to certain factors, who pledged the goods with the defendants, for the ostensible purpose of raising money to pay bills drawn on them by the plaintiffs, and which were to he provided for-out of the proceeds of the goods consigned. The…
2Cases cited2 opinions
- Kinder v. ShawMassachusetts Supreme Judicial Court · 1807
- Perkins v. ThompsonSuperior Court of New Hampshire · 1825
3Cited by1 opinion
- Benny v. RhodesSupreme Court of Missouri · 1853