Commentaries On The Law Of Sales And Collateral Subjects PDF Download

Excerpt from Commentaries on the Law of Sales, Vol. 2 of 2: And Collateral Subjects Erb v. The Great Western Railway Co. of Canada is a case where C., who was the freight-agent of the defendants at Chatham, Ontario, and a partner in the firm of B. & Co., caused printed receipts, or shipping-notes, in the form commonly used by the railway company, to be signed by his name as the company's agent, in favor of his firm, B. & Co., for flour which had never in fact been delivered to the railway company. The receipts acknowledged that the company had received from B. & Co. the flour addressed to the plaintiffs, and were attached to drafts drawn by B. & Co.; accepted and subsequently paid by plaintiffs. C. received the proceeds of the drafts, and absconded, in an action brought by the plaintiffs against the railway company for the amount of the drafts, it was held, by the majority of the court, that the act of C. in issuing a false and fraudulent receipt for goods never delivered to the company, was not an act done within the scope of his authority as the company's agent, and that the defendants, therefore, were not liable. It was very strenuously urged for the plaintiffs that the freight-agent was acting within the scope of his authority in signing the freight receipts; that the rule of law applied to this ease, that, where one of two innocent persons must bear a loss, it should he he who by care could have prevented the loss that should bear it; and that a distinction exists between such cases as this and those whore shipmasters sign bills of lading. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.