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Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 5




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Hersteller:Forgotten Books (Watts, Frederick)
Stand:2015-08-04 03:50:33

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Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, Vol. 5: Containing the Cases Decided in Part of December Term 1842, in March Term, May Term and Part of July Term 1843 On sales made by a factor, the principal may recover the price due by the vendee, subject to the equities which the vendee has acquired by dealing with the agent as principal, or which the agent may have acquired from the course of dealing between him and the vendee. But this rule does not apply to a sale made by a factor here, for a principal in a foreign country, where exclusive credit is given to and by such factor; nor can suit be sustained by the principal, except through and by the factor; and on the bankruptcy of both principal and factor, the assignee of the latter is entitled to the price of the goods sold. It seems , that where such factor is insolvent, a court of equity might compel payment of the debt to the principal, in a proper case. But such case does not exist where the principal has sued the factor for the value of the goods, and obtained an award of arbitrators for his claim, and prosecuted him to bankruptcy for the debt, and become himself assignee of the bankrupt, and no account appears of the assets received. An award of arbitrators chosen by the parties is conclusive of the controversy, and has the effect of changing the right to the money or property claimed, in the same manner as a judgment. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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