Trunninger v. Busch

Citations

• 7 Daly 124

Syllabus

<p>The right which exists to arrest a factor for not paying over the proceeds of goods sold by him on commission is barred by the principal’s receiving from him the promissory notes of third parties, collecting some of them, and retaining the others, without any offer to retárn them.</p> <p>The case of Kelly v. Scripture (9 Hun, 283), and other cases, where, after dishonor of notes given by a factor for the balance due the original cause of action, was ■ held to be revived, distinguished by Joseph F. Daly, J.</p>