Cotton v. Hiller

Citations

• 52 Miss. 7

Syllabus

<p>1. Chancery Practice : Bill for injunction. New trial at law.</p> <p>To entitle a party to the assistance of a court of equity, after a trial at law, he must impeach the justice of the verdict by facts of which he could not avail himself, by reason of accident, mistake, or fraud in the conduct or acts of his adversary; that he is without blame or'negligence, and that injustice has been done, which would be repaired on a second trial. A complainant, seeking a new trial at law, must establish, to a high degree of certainty, the validity and potency of his defence; and the question is whether, if a new trial is granted upon the showing made, he would be entitled to recover.</p> <p>2. CONSIGNOR and Consignee : Instructions.</p> <p>A general consignment to a factor imports an authority to sell according to the usages of the trade. But the consignor may, at the time of the shipment or afterwards, if before the sale, impose terms as to time and price, to which the factor must conform.</p> <p>3. Same : Same : Advances to owner. Liabilities incurred.</p> <p>“Where a factor, in consideration of consignments made to him, makes advances or incurs liabilities for the owner or consignor; such owner cannot, by subsequent instructions, control the action of his factor. If the advances are made or the liabilities incurred on account of the consignment, and before an assent ' to the directions of the owner in respect to the time of sale or the price, the factor has thereby acquired a special property, and may sell so much as will reimburse him. The owner has a general right to impose terms upon his factor, but that right is restricted if he has drawn against the consignment before the instructions are given, and he cannot control the factor as to time of sale or price unless he pay the factor for the advances made or the liabilities incurred.</p> <p>4. Same: Same: Disobedience of instructions. Ratification of unauthorized acts of an agent.</p> <p>It is tlie duty of the principal,