Merrill v. Thomas

Citations

• 7 Daly 393

Syllabus

<p>The interest which a factor has in goods consigned to him under a del credere commission is, as against the consignor, as extensive as is necessary for the pro-tection of the factor for his advances and is limited by that necessity, and his right to collect the proceeds of such goods sold by him is not exclusive after his advances and charges are paid, and such right of collection may then he exercised by the consignor.</p> <p>Debts due such factor for consigned goods sold by him, after his expenses and charges have been paid, do not pass to the assignee of such factor under a general • assignment for the benefit of his creditors, so as to give such creditors any interest in the proceeds of their collection, and the assignee cannot be enjoined, at the suit of a creditor of the factor, from paying over to the consignor the proceeds of such debts collected by the assignee.</p> <p>It seems, that if the factor had collected such debts, and had so mixed the proceeds with his own funds that they could not he distinguished, they would pass to his assignee under a general assignment.</p>