Capron v. Adams

Robinson, J., delivered the opinion of this Court. In February, .I860, the appellees’ testator, James C. Adams, at the instance of the appellants, agents of Messrs. Huth & Co., of London, shipped to the latter, three hundred and fifty-three tierces of beef. Upon this consignment, advances were made to the amount of $6,254.44, being the proceeds of several bills of exchange drawn by the appellants on Huth & Co., as appears by the following receipt: “Received, Baltimore, 22d February, 1860, of Capron & Co., four hundred and nine dollars, which with $5.84416¶18-heretofore received, is $6,2541V-¡r, advanced on 353 tierces of beef, shipped to London, per ‘Emolía/ for sale on my account, and, on receipt of account of sales of same, I promise to refund any deficiency that may arise therefrom. “James C. Adams.” The advances being largely in excess of the sales, this suit was brought to recover the deficiency.

The declaration contains the usual money counts, and also a special count alleging an agreement on the part of the defendant, to refund to the plaintiffs any deficiency that might arise between the proceeds of sale and the advances made. In the former appeal in this cause, 21 Md. Rep., 186 , it was held that the plaintiffs right to recover was qualified by the care and diligence with which Iluth & Co. discharged their duties as consignees. Whether they were guilty of negligence, or misconduct in the sale of the beef, was the question in issue between the parties. Evidence was offered on the part of the appellants, to prove that the quality and condition of the beef when inspected in London, was not such as to command the highest market price, and that its appraised value there rated below the in ⁵⁴⁴ voices made in Baltimore.

On the other hand, the appellee proved that the beef was of the best quality when packed, and that it was put up with the greatest care. We- think it was competent for the defendant to follow up this proof, by showing, the'value of the beef in the Baltimore market at the time it was shipped. It was responsive to the attack made by the plaintiffs upon the quality and condition of the beef, and tended to corroborate the invoice values which had been offered in evidence without objection. The first objection therefore is not sustained.

We do not however concur with the ruling of the Court in the second bill of exceptions. This is not the case of an ordinary consignment to be sold according to specific instructions, and upon which no advances have been made or liabilities incurred. In such a case, the right of the consignor to direct and control the sale could not be questioned, being the necessary result of the relation of principal and agent. But here, the consignment was made without restrictions, and the sale and management of the beef was left entirely to the judgment and discretion of Huth & Co. “ Do with it just as it were your own,” is the instruction of Adams to the consignees, in his letter of February 23d, and when informed of the depressed condition of the London market, in his letter of July 19th, he says: “I am sure that you will effect sales to the best advantage.” Moreover, large advances had been made upon the shipment, thereby conferring upon Messrs.

Huth & Co., in the absence of any agreement to the contrary, the undoubted right to sell, in the exercise of a sound discretion, and in such mode as the usages of trade and their general duty require. Brown & Co. vs. McGran, 14 Peters, 479 . It was in view of these relative rights and duties of the parties, that this Court in the former appeal, decided that Huth & Co. were under no obligation to notify Adams of the depreciated value of the beef before making sale, nor was it their duty to inform the appellee of the condition of the London market and