Thompson v. Perkins
U.S. Circuit Court for the District of Massachusetts
Assumpsit on the money counts. Plea, the general issue. The case at the trial was this. The plaintiff [Edward Thompson], a merchant of Philadelphia, consigned goods to Messrs. Wins-low, Channing & Co. who were auctioneers in Boston, for sale. Messrs. Winslow, Chan-ning & Co. accordingly sold the same, and took negotiable promissory notes, payable on time, in their own names, for the amount of the sales.
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Assumpsit on the money counts. Plea, the general issue. The case at the trial was this. The plaintiff [Edward Thompson], a merchant of Philadelphia, consigned goods to Messrs. Wins-low, Channing & Co. who were auctioneers in Boston, for sale. Messrs. Winslow, Chan-ning & Co. accordingly sold the same, and took negotiable promissory notes, payable on time, in their own names, for the amount of the sales. Afterwards, and before the notes became due, they failed and assigned their property to the defendants [Thomas H. Perkins and others], as assignees, for the benefit of their creditors, and…
1Opinion of the Court
STORY, Circuit Justice.
In this case the sole question is, whether the notes taken in payment for the goods of the plaintiff, upon the ‘ sale by Messrs. Winslow, Channing & Co. were the property of the latter at the time of their failure. If so, then they passed by the assignment to the defendants; if not, then the present action is completely sustained. Nothing is better settled at the present day than the doctrine, that the principal is entitled to recover, whenever he can trace his own property and distinguish it, or its proceeds, from the mass of the property of his factor. If it has been…
2Cases cited2 opinions
- Kelley v. MunsonMassachusetts Supreme Judicial Court · 1811
- Messier v. AmerySupreme Court of Pennsylvania · 1795
3Cited by21 opinions
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
- Floyd v. DayMassachusetts Supreme Judicial Court · 1807
- Cushman v. SnowMassachusetts Supreme Judicial Court · 1904
- Duguid v. EdwardsNew York Supreme Court · 1867
- Harvey Brokerage Co. v. Ambassador Hotel CorporationDistrict Court, S.D. New York · 1932
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