Dickman v. Williams

Citations

• 50 Miss. 500

Syllabus

<p>1. Practice — Circuit Court — Attachment. — When an attachment is levied on property, and a claim is set up by a third party, and the controversy is between the attaching creditor, and the claimant presents an issue, the plaintiff in the attachment holds the affirmative of the issue, and must show the concurrent circumstances, which would warrant a sale of the property for the payment of his debt. He must prove that the defendant in attachment owes the debt or some part thereof.</p> <p>2. Same — Shipment — Stoppase in transitu. — B. shipped 8 bales of cotton to D. & H., of New Orleans, on account of Weisenger, by the steamer Magenta, to be sold by D. <& H. on account of Weisinger. Whilst in transitu, the cotton was attached by W., and D. & H. made affidavit claiming the cotton, and presented an issue to try the rights of the respective parties. If goods are shipped by the order of the consignee and for his account, where the consignee sustains the relation of purchaser, the moment the goods are delivered to the carrier, they have passed from the seller and are the property of the vendee, as completely as if they had actually come to his possession, subject, however, to the right of stoppage in transitu, if the purchaser has become insolvent. But where the goods are shipped without order, and on account of the shipper, he stands towards the consignee as principal, and the consignee sustains the relation of agent or factor, and the shipper continues the owner and may generally order and direct the disposition of the goods, or even reclaim them.</p> <p>3. Same — Same — Admissions oe an Agent — Case in Judgment. — The general rule is, that where the acts of an agent will bind the principal, admissions of the agent respecting the subject matter of the agency will also bind him, if made at the same time, and constitutiag a part of the res gestee. Such admissions are regarded as verbal acts and part of the res gestee, and may be proved without calling the agent himself.