Stinson v. Gould

Citations

• 74 Ill. 80

Syllabus

<p>1. Set-off — of claim, against factor in suit for goods bought of him. Where a factor or agent has the property of another in his possession, and a person not having notice or chargeable with notice purchases the property, supposing it to belong to the factor, the purchaser may set off a claim he has against the agent.</p> <p>2. But where the property sold is not in the possession of the agent when sold, or if the purchaser has notice or is chargeable with notice that the person selling is not the owner of the property, then he cannot set off any claim he may have against the agent.</p> <p>3. Same — of joint claim against factor and others in suit for goods sold by factor. Although a purchaser of property in the hands of a factor, supposed by the purchaser to be the owner, may set off any claim he may have against such factor, in a suit by the owner of the goods for the pur chase money, yet he cannot set off any claim he may have against such factor and other parties jointly.</p>