Cases Decided in the Supreme Court of Appeals of Virginia Volume 28
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. 1830 edition. Excerpt: ...of the merchant to Patton then, cannot be the test of the question, who is to bear the loss. He would have been in like manner liable, if the contract between Harper and Patton had expressly stipulated, that, until the money was actually paid into Patt0n's hands, it should be at Harper's risk. Nor would these have been contradictory, unlawful, or unreasonable stipulations. It would only have been expressly stipulating for what appears to me to be the legal and necessary meaning and result of the contract that was made. The merchant (it seems to me) held Harper's money to be paid over to his creditor, who had also a lien on it in his hands, or rather an absolute right to enforce payment of it, but he was not less Harper's agent for the purpose of paying over, than he was his agent for receiving and selling; nor can he be otherwise considered, merely because he did not know Harper in the transaction. This also would equally have been the case, if there had been an express stipulation (unknown to him) between Harper and Patton, that all was to be at Hm-per's risk, though transacted in Patton's name, until the money was paid over. He stood (as it seems to me) in the nature of an acceptor of Harper's draft, in favour of Patton, to pay the proceeds of the flour over to him as soon as they were received. If Patton had drawn on the merchant for the proceeds of this flour, to be paid the moment it was sold and the proceeds received, (whic_h would have been a method of drawing it out of his hands, with as little risk as possible to Harper), and this order had been presented and accepted, on the day of sale, for thenet proceeds, naming the sum, for which the flour was sold, and (the acceptor failing at the...
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- 13 Sep 2013
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