Singer Mfg. Co. v. Hudson

• Decision Date: 05 June 1877
• Citation: 4 Mo.App. 145
• Parties: SINGER MANUFACTURING COMPANY, Appellant, v. J. M. HUDSON, Respondent.
• Court: Missouri Court of Appeals

4 Mo.App. 145

SINGER MANUFACTURING COMPANY, Appellant,

v.J. M. HUDSON, Respondent.

St. Louis Court of Appeals, Missouri.

Jun. 5, 1877.

1. One who purchases goods at half their value, he having information from which he may know that the factor with whom he deals is acting without authority and in fraud of his principal, takes no title thereto, such a purchase being inconsistent with good faith, and void, and the principal may recover the goods from such pretended vendee.

2. A factor cannot, generally, pledge the goods of his principal for his own liabilities, and is bound to obey the orders of his consignor as to the terms of sale.

3. The error in giving an erroneous instruction is not cured by giving a correct instruction upon the same point.

APPEAL from St. Charles Circuit Court.

Reversed and remanded.

SENECA N. TAYLOR and B. B. KINGSBURY, for appellant: An agent cannot pledge the property of his principal for his own debt.-- Benny v. Rhodes, 18 Mo. 147; Benny v. Pegram, 18 Mo. 191. Where a part of the consideration of a sale is illegal, the sale is void.-- Pelz v. Long, 40 Mo. 532; Sumner v. Summers, 54 Mo. 340.

MCDEARMON & GAUSS, for respondent.

BAKEWELL, J., delivered the opinion of the court.

This is an action under the statute, to recover possession of specific personal property. The property claimed was a sewing-machine, valued at $85. There was a verdict and judgment for defendant; and plaintiff appeals.

There was no conflict of testimony on the trial, and the evidence was as follows: Bussler, book-keeper of McKown, general agent of plaintiff at St. Charles, swore that the machine sued for was delivered by McKown to one White, a canvasser for McKown, to sell at the regular retail price, $85; that White had authority to sell only at the regular retail price published in the circulars of plaintiff, with plates and prices attached; and that no sale made by White, under the regular price, was ever ratified. This particular machine was reported by White as sold to one Matthews, of Wright City, and he returned what he falsely represented as Matthews's note in payment for it. Brown, book-keeper of the firm of Brown, Hudson & Co., of which defendant was a member, testified that White represented himself as in the employ of McKown, and placed the machine with defendant's firm as security for goods to be purchased; that White then bought of the firm to the amount of $10.90, which he owed, and then sold the machine to Hudson, the defendant, for $45, White's account due the firm being taken in trade, and Hudson charged with $45, which included the debt due by White to the firm; that the machine was worth $85; that witness had heard White offer to sell the same kind of machine at $50, but he would have to make up the difference to the company. Mrs. Wilsey, the sewing-machine operator at the office of the Singer Manufacturing Company in St. Charles, testified that she went to defendant's house to instruct his wife in the use of the machine; that she told defenda...