Winne v. Hammond

Citations

• 37 Ill. 99

Syllabus

<p>1. Instructions—evidence is for the fury. It is error for the court to instruct the jury as to what is not proved; that it is for them to determine; and if evidence tends to prove a fact, its consideration should not be taken from them by an instruction.</p> <p>2. Agreement—what constitutes a factor. Where a person employs another to sell goods and wares at a distant place, and agrees that the employee shall receive a certain sum yearly, and a stipulated portion of the profits for his services; and the employee is to select and rent a business house, and employ clerks and conduct the Business; and all rents and expenses to be paid out of the proceeds, if sufficient; but if not, then by the employer; held that such an agreement constitutes the person conducting the business, a factor,</p> <p>3. Factor—Ms lien for wages and general balance. Held that a factor has a lien on the goods and wares entrusted to him for sale, not only for his commissions, but for a general balance, for monies advanced, on account of the business.</p> <p>4. Creditors or the Principal—must satisfy the factor's lien before they levy. Creditors of the principal must discharge the factor’s lien on the goods before they can levy their attachment, and subject the goods to their debts.</p> <p>The factor has a special property in the goods of his principal, which will enable him to sue for and recover it, when wrongfully deprived of it, or to recover damages for injury done to it by others, or for its conversion; nor can a tortfeasor question his title.</p>