Brown v. Estate of Funck

Citations

• 89 Kan. 601
• 132 P. 202
• 1913 Kan. LEXIS 81

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Commission Merchant — Sale of Consigned Goods on Credit —Diligence Required. In the absence of instructions to the contrary a factor, or commission merchant, to whom goods are consigned may sell them for cash or on a reasonable credit, but if the sale is made on credit he must exercise reasonable diligence to ascertain the solvency and pecuniary responsibility of the purchaser from the usual and available sources of information, and his failure to exercise such diligence will render him liable for the resulting loss.</p> <p>2. - Same. The testimony in the case is held to be sufficient to support the finding that the factor did not use dtte diligence in the transaction herein involved.</p> <p>3. - Want of Diligence in Making Sales — Burden of Proof. Ordinarily if a consignor of goods alleges negligence or misconduct of a factor the burden lies on the consignor to prove it, but when a prima fade case of negligence of the factor is established the burden is on the latter to show facts relieving him from liability.</p>