possession of the goods

possession of the goods

making any tender to the pawnee. Daubigney v. Duval, 5 Term. Hep. 604. And where a factor pledges the eooreebok zig claim to retain against the principal for the amouut of the factor's general lien at the time of the pledge. M'Combic v. Davis, 7 East. 5.
•• The reebok zigtech same rule holds with respect to a bill of lading, which has been indorsed lo a factor by his principal, for the bill of lading, which is the symbol of the delivery of possession, cannot give a factor a greater authority, than reebok the actual possession of the goods them .elves. Hence, as a factor cannot pledge the goods of his principal by de'ivery manolo blahnik shoes of the goods, so neither can he jimmy choo do it by an indorsement and delivery of the bill of lading, for though the indorsement of a bill of lading gives the indorsee an irrevocable right to receive the goods, yet it will not have that operation, where it is intended as an assignment of the property in the goods, yet it will not have that operation, where it is intended .as a deposit only, by a person not http://www.aohee.com/aohee/  authorized to make such deposit. jimmy choo shoes Ncwsom v. Thornton, fi East. 17.
The maxim, that the principal is civilly responsible for the acts of his agent, univer¬sally skechers shape ups prevails both in courts of law aud equity. 4 Term. Rep. 66. pr. Lord Kenyon, Ch.'j. and upon this principle it was held by Holt, Ch.J. that a merchant was answerable for tlic dcccit of his factor who had sold some silk to the plaintiff as silk reebok easy tone of a superior qualitv, knowing it to be of au inferior quality. Hcarn v. Nichols, 1 Salk. 289.
Again, one and the same factor may, and generally does, act for several merchants, who must run the joint risk of his actions, though thcv arc mere strangers to one another ; as if five merchants shall remit to one factor fire distinct bales of goods, and the factor makes a joint sale of them to one man, who is to pay one moiety down, and tlic other at six months end; if the Inner breaks before the second reebok easytone payment, each man must bear a proportional share of tlic loss, and be contented to acccpt of their dividend of the money advanced.
• But if such a factor draws a bill of exchange upon all those five merchants, and one of them accepts the same, the others shall not manolo blahnik be obliged to make good tlie payment. Tamcn quaere de hoc.
• There is now no question upon this point, it is clear they would not be liable. See Williams v. Thomas. 6 Esp. ltp. 18. Bull. Ni. Fri. 279." Marius, 2 Ed. zigtech 16. Cliitty on bills, 4 Ed. 47. 50.
And as the authority and trust reposed in factors is vcrv great, so ought they to be provident in their actions lor the benefit of their principals; ami therefore, if factors shall give time to a man for payment of monies contracted on sales of their principal's goods, and after the time is elapsed, they shall sell goods of their own to such persons for ready cash (leaving their principal's unrcccivcd) and then such men break and become