Whitney v. Wyman

Cochran, J., delivered the opinion of this Court. We understand it to be finally settled, that a factor, who receives goods on consignment, without any limit as to ¹⁴² time, mode, or rate of sale, and makes advances or incurs liabilities on account of the goods consigned, thereby acquires a special property in them, and a right to sell, according to the usual course of his duty, so much thereof as may he necessary to reimburse such advances or meet such liabilities ; and further, that the consignor has no right, by any order given after the advances have been made or liabilities incurred, to control this right of sale, except so far as relates to the surplus of the goods not necessary for the reimbursement of such advances or liabilities, unless he stands ready, and offers to reimburse the advances or liabilities. Brown vs. McGran. 14 Peters, 479 . The consignments in this case were general ; the appellees having received, and made their advances on them, without any instructions from the consignors in regard to the selling prices, time, or mode of sale.

The letter of the 10th of December 1861, fixing limits below which the goods were not to be sold, was written long after the appellees received the consignments and made the advances, and there 'is nothing in the record to show that the consignors offered or tendered themselves ready to reimburse the advances, either at the time or after this