American Leading Cases; Being Select Decisions of American Courts, in Several Departments of Law; With Special Reference to Mercantile Law

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1871 Excerpt: ... from its inception affected with a lien, and the principal claiming under and hy that contract, claims subject to all that affects that contract.(l) But if a sub-agent, or a substituted agent, has notice, that the person employing him is an agent, he will acquire no lien for debts due by the agent.(2) The factor's act gives a lien to consignees, for advances to one in whose name as owner goods are shipped, though he be in fact an agent, if the consignee had no notice of the agency. See the note on the right to pledge, supra p. 675. A lien may be waived by the party's setting up a claim to retain the chattel upon a different ground, and making no mention of the lien.(3) DOMICILE. n33 STEPHEN GUIER, Claiming As The Father Of THOMAS QUEER, DECEASED INTESTATE, AND FRANCIS O'DANIEL AND WILLIAM YOUNG, Claiming On Behalf Of The Brothers AND SISTERS OF THE INTESTATE. In the Orphans' Court, for the City and County of Philadelphia. 1S06. REPORTED, 1 BINNEY, 349-355. Of the principles relating to domicile. Tite sum of $1400 was in dispute under the following circumstances. Thomas Guier, the intestate, was the captain of a vessel, and was murdered in the West Indies, in 1801. The money in controversy was part of the proceeds of certain coffee which came to Philadelphia, and was sold on his account after his death. O'Daniel and Young claimed it for his brothers and sisters by the law of Delaware; the father claimed it for himself by the law of Pennsylvania; and the question for the court was by which law the distribution should be directed. The facts were these: Stephen Guier, the father, and his family, including the intestate, at that time a minor, removed from the (1) Westwood v. Bell and another, 4 Campbell, 349; Mann v. Forrester and another, Id. 60 j McKenzic v. N...