An Essay on Brokers and Factors, or Commission Merchants; Including a Commentary on the Factors' ACT (Paperback)


This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...and impliedly intrusted with the dock-warrant within the meaning of section two of the Factor's act, 6 Geo. IV. c. 94; but, that whether he was so intrusted or not, was a question of zact for the jury. Hatfield '0. Phillips, 9 Mees. and Wels. 647; S. C. on appeal in House of Lords, 14 id. 665; Phillips '0. Huth, 6 id. 572. These decisions gave rise to 5 and 6 Vict. c. 39. ' Cartwright '0. Wilmerding, 24 N. Y. 521, 531. The English act, 5 and 6 Vict. ch. 39, was passed to remedy the inconvenience of the rule established by the decisions just cited. KIND AND Fonm or RECEIPTS. 89 taking the warehouse-man's receipt for them, he has both the possession and documentary evidence of title.' In some places the owners of the warehouse or elevator insert, in the receipt they give, a provision that the owner of the grain shall bear the risk of loss by fire---a stipulation which assumes that the title remains unchanged. Indeed, the receipt implies as much, without any such stipulation. And yet the grain having become blended and intermixed with that of many other persons, with daily receipts into 'and deliveries from the common mass, it would be very diflicult, after a short time, to show that a given parcel yet remained in the warehouse. In other places we understand that the warehouse-man assumes the risk of loss by fire, increasing the charge for storage so as to cover the expense of insuring. Under this more convenient custom, the warehouse-man stands in substantially the same situation as he would if he bought each parcel received and agreed to pay for the same in grain of the same grade. The individual owner would hardly think of insuring a parcel of wheat which he could not trace or distinguish from the common mass any...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...and impliedly intrusted with the dock-warrant within the meaning of section two of the Factor's act, 6 Geo. IV. c. 94; but, that whether he was so intrusted or not, was a question of zact for the jury. Hatfield '0. Phillips, 9 Mees. and Wels. 647; S. C. on appeal in House of Lords, 14 id. 665; Phillips '0. Huth, 6 id. 572. These decisions gave rise to 5 and 6 Vict. c. 39. ' Cartwright '0. Wilmerding, 24 N. Y. 521, 531. The English act, 5 and 6 Vict. ch. 39, was passed to remedy the inconvenience of the rule established by the decisions just cited. KIND AND Fonm or RECEIPTS. 89 taking the warehouse-man's receipt for them, he has both the possession and documentary evidence of title.' In some places the owners of the warehouse or elevator insert, in the receipt they give, a provision that the owner of the grain shall bear the risk of loss by fire---a stipulation which assumes that the title remains unchanged. Indeed, the receipt implies as much, without any such stipulation. And yet the grain having become blended and intermixed with that of many other persons, with daily receipts into 'and deliveries from the common mass, it would be very diflicult, after a short time, to show that a given parcel yet remained in the warehouse. In other places we understand that the warehouse-man assumes the risk of loss by fire, increasing the charge for storage so as to cover the expense of insuring. Under this more convenient custom, the warehouse-man stands in substantially the same situation as he would if he bought each parcel received and agreed to pay for the same in grain of the same grade. The individual owner would hardly think of insuring a parcel of wheat which he could not trace or distinguish from the common mass any...

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Product Details

General

Imprint

Rarebooksclub.com

Country of origin

United States

Release date

September 2013

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

September 2013

Authors

Dimensions

246 x 189 x 3mm (L x W x T)

Format

Paperback - Trade

Pages

46

ISBN-13

978-1-230-06908-1

Barcode

9781230069081

Categories

LSN

1-230-06908-9



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