6 Johns. 69 | N.Y. Sup. Ct. | 1810
The testimony in the case does nqt warrant the ground taken at the trial, that here was
The defendants received the wheat to carry to New-York and sell, as agents and factors to the plaintiffs; and whenever persons are so employed, it is to be understood, without special instructions to the contrary, that they are employed to do it in the usual manner; and consequently, they may sell'on credit without incurring risk, provided they do not unreasonably extend the term of credit, and provided they make use of due diligence to ascertain the solvency of the purchaser. The authority of a factor to sell on credit, is not to be disputed. (Scott v. Surman, Willes’s Rep. 406. 6 Term Rep. 12. Russel v. Hankey. 1 Camp. N. P. 258.) Whether the evidence showed Sr special instruction to sell for cash, was the point that should have gone to the jury. After laying down the
We are, accordingly, of opinion, that a new trial be awarded, with costs to abide the event of the suit.
New trial granted.