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eBook details

• Title: Willinks v. Hollingsworth Et Al.
• Author : United States Supreme Court
• Release Date : January 08, 1821
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

February 23d. Mr. Harper and Mr. Winder, for the plaintiffs, argued, (1.) That the present action could be maintained by the plaintiffs for the monies advanced by them at Amsterdam, for the purchase of the return cargo received by the defendants at Baltimore. Even supposing that the defendants might have refused to receive it, yet having actually sold it, and received the proceeds of the sale, this raises an assumpsit to pay the money thus received. In the case of Manella v. Barry, 3 Cranch 415, foreign merchants, sent by their general agent, written orders to their factor in this country, to purchase goods here upon their account, but to ship the goods in the name of the factor, and by those orders the factor was referred to the verbal communications of the general agent, who undertook to order the goods to be shipped in the name of another person, and declared that he had authority from the foreign merchants thus to control and vary their orders; the factor was held to be justified in obeying the new orders of the general agent, though contrary to the first written orders. So, here the consignment of the ship to the plaintiffs was limited to her transactions at Amsterdam, and the control of her ulterior movements was left to the master. The learned counsel here entered into a minute examination of the correspondence, to show that this was its import.

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