The New York herald., 1869-10-30
UNITED STATES SUPREME COURT.
DrakeIy Il Fenton Gregg g. Hughes, Error
TO the Maryland Circuit COurt-steamer
Carroll VS.. John Green.

Carroll vs.. John Green.
WASHINGTON Oct 90 1859.
No. 17s-Drdkelv d Fenton, plaintiffs IN Error,
rs. gregg d hughes, IN error 10 the circuit court
Jor the district of Maryland. The main question ia
the the right OF the plaintiffs In error the
defendants below, to lien for their general balance,
rs commission merchants, on the proceeds OF TWO
consignments 10 them at Baltimore OF pork, hams
and shoulders made at C1icago by the firm OF
McCabe Il Co.. who had the equitable interest there
IN. without the knowledge, as claimed OF the holders
OF the legal title, the defendants IN error. The
asan assent & oI the n latter rl appears, appears to have
formed or IT, and they received the proceeds
on the drafts OF the consignors 10 their order Tue
last consignment was without their knowledge.
under circumstances making them dlsrustlul, ana
they thereupon notified the consignees 10 make no
further advances To the conslgnors, then claiming
he virtually and legally the owners OF both con.
slgnments. They Afterwards obtained from The con-
slgnors, McCaDe ~ Co., an order which accepted
by the consignees, the palntiis in error, requiring
ihen 10 place The proceeds OF all the property 10
Their credit After this they dealt with the two con-
sgnments as owners substituting themselves i'll the
place OF the original consignors. The defendants
error mad advanced 10 McCabe Co., large
sums OF money TO enable them to carry
ousihess as factors, and, IN accordance with the
usual custom IN Cnlcago held warehouse receipts
cove ing tue pork product IN store the intent and
effect OF which, as caiIned, vest in them the
absolute legal ownership oi tue property until the
advances were still due at the time. of the tria.
Being thus the legal owners, as alleged, having
by an understanding claimed between themselves
and MctaDe Co, the entire control of the property
they had been shipping II to New York In their own
names, for sale on their account, and creditng
McCaDe X Co. with the net proceeds; but
IN tlis instance IL Is asserted, McCabe
Co. made a private arrangement with
agreed to MAKE advances at certain rates upon so
much OF the property as might be consigned TO them
Upon lnal settlement the defendants III repu-
diated the terms agreed upon between the plaintiffs
Ia error and McCabe Il Co., claiming that they were
not bound by the rates stipulated but that the PLAIN
inns IN error were bound by their instructions after
agreeing TO deal with them the owners instead OF
McCabe Il co. SUIT was brought TO recover the pro-
ceeds oi sale and the paintifs IN error resisted
ing up q llen under the original consignment for
advances to McCabe Co., for which, they asserted
the property was habe. The Court instructed the
Jury that IL they found that at the time the property
was shipped TO, received and sold by the piaintiffs
IN error, the defendants in error held the
legal title thereto by virtue OF the warehouse
receipts held BY them, then the defendants Ia
were entitled 20 recover; and further charged that
the facts upon which the above instructions were
founded being admitted they must find for the
plaintiffs defendants III errorl. The plaintiffs
error contend here that the defendants IN error
were substituted as principals adopting what had
been done by McCabe Co., and that this establish
ment OF the relation OF principal and factor between
ton for an undertaking the part OF the defend
ants IN error TO comply with the terms which, bv
agreement, that relation was TO exist. IL is clear
that one VINO adopts contract IN relation to his
property which had been entered into by
another s accepts the ORIGINAL consideration OF
tue contract as saficient consideration for
his adoption OF It, IL Ii submitted that the
court below erred In submitting the to the Jury
upon the simple question OF legal Title ln the defend
ants IN error and notice OF that title to the plan
tfs error, and that the should either have
Itself construed the agreement between the parties
as appearing In The documentary evidence or more
properly under the circumstances OF the case have
submitted 10 The Jurg as the appropriate tribunal 10
hnd from the evidence what was the true agreement
between the parties. The defendants in error CON
tend that the doctrine OF lien applies only where the
deposit Of the goods is in the nature OF pledge ana
doeS not apply where IL Is made for special pur-
pose. Nor does any lien arise for antecedent debts
OF the principal by reason Of the subsequent
creation OF the relation OF principal and factor The
property on which the lien Is sought TO be fixed
must not only belong 10 the party IRON whom the
aebt IS due 10 the factor, but IL must come 10 his
hahds 8s the agent OF that party; and when the
party u not acting IN this capacity general factor
nut only III regard TO a special consignment on
a'ircnture ne has NO lien for general balance. IL
y INSISTED tnat the lic uf the defendants IN error wa-
NOT derived from any agreement OF or with the
PianllHs III error or from anything which occurred
AFTER tne property came into hands OF the pain.
uHs III error, but from the warehouse recepfs whch
chicago; and even If McCabe IL Co. had received Am
ADVANCE on the property before the plaIntlns In
error become aware or the title OF the defendants in
error. ~ would not have bound the latter The
pnls IN error were informed OF the rIghtlul title
before the property reached them and they are nor
therefore entitled to deduct from the proceeda a
general balance due by McCabe q Co for ADVANCE
ihdef the original consignment The property being
hefs couia not cease TO be such or become subject
neh III iaSof or any one eise except by some
id oi aneir own founded upon sufficient con-
Iteration, OF which there Is no preience j. n r.
.aIooe ana j. " steele for plaintiffs IN error: n
alHs ahd j. H. Thomas for defendants in error
~. - t'.-IHe Nedbtef CH'ToA. Baltimore ana Ohio
.nnroda ConspdaN Claimants, rs. Green.-The
lgufneht IN this cause was concluded.