Goodenow v. Tyler
Massachusetts Supreme Judicial Court
In this action the plaintiff declares that, in consideration that he had deposited in the hands of the defendant three pipes of gin, of the value of 300 dollars, the defendant promised to return the same to him, or to sell the same for the most it would produce, and deliver him the value thereof in money on demand ; that the defendant returned two pipes of the gin, and refused to return the third, or to pay the value thereof. There is also a count for money had and received.
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In this action the plaintiff declares that, in consideration that he had deposited in the hands of the defendant three pipes of gin, of the value of 300 dollars, the defendant promised to return the same to him, or to sell the same for the most it would produce, and deliver him the value thereof in money on demand ; that the defendant returned two pipes of the gin, and refused to return the third, or to pay the value thereof. There is also a count for money had and received. The action was tried on the general issue, before Sedgwick, J., at the last April term in this county. From the report…
1Opinion of the CourtParker, J.
The plaintiff would insist that a factor, under the circumstances of this case, had no authority to trust the purchaser: and that having so done, he became immediately chargeable to the principal for the price. But the law merchant clearly contradicts this principle, it being well settled that a factor may sell upon credit, without taking upon himself the debt; unless he is restricted from so doing by the orders of his principal. And this principle is reasonable, and for the benefit of those who send their goods to market; for otherwise they would be frequently sold at a sacrifice, or remain…
Also in this document: Per curiam.
2Cited by25 opinions
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
- Reese & Co. v. BatesSupreme Court of Virginia · 1897
- Armstrong v. Chemical Nat. Bank of New YorkCourt of Appeals for the Sixth Circuit · 1897
- Wallace v. AgryU.S. Circuit Court for the District of Maine · 1827
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