mercantile agent

The seller must be a mercantile agent, i.e. a factor.

It is sufficient that he was acting within the ordinary course of business of mercantile agents generally.

This may seem a little absurd since the buyer in possession may well not be a mercantile agent.

The successive factors (mercantile agents) of the Blue River Station keep disappearing.

The owner, a mercantile agent, pledged bills of lading with Lloyds Bank.

The buyer in possession must have acted in the normal course of business of a mercantile agent.

He was taken prisoner and shipped in a box to France while serving as a British mercantile agent in 1756.

A 'mere servant or shopman' or 'caretaker'is therefore not a mercantile agent.

The mercantile agent must be in possession of the goods or document of title with the consent of the owner.

Second in command was Middleton's brother John, a company captain who secured Henry as a mercantile agent with a berth on the voyage.

There are here six requirements to be fulfilled in order for an unauthorised sale by a mercantile agent to confer good title upon an innocent purchaser.

In order to be a mercantile agent, an agent must have not merely the customary authority referred to in the statute but also three further characteristics.

Disposition in the ordinary course of business by a mercantile agent in possession of the goods or documents of title with the owner's consent.

It seemed they had inquired of Bassanid mercantile agents on the other bank, and one of them had known where Rustem the physician was staying.

Imagine a mercantile agent who obtains possession of the goods (perhaps by borrowing them from the owner) and who shows them to X, an innocent prospective purchaser.

This was extremely harsh on the innocent purchaser who bought goods in good faith from a mercantile agent and who could not reasonably have suspected that anything was wrong.

Before leaving the question of who is a mercantile agent, it should be said that someone who is not an agent cannot be a mercantile agent.

The sale in that case (see above) was in fact in the ordinary course of business of a mercantile agent since car dealers did commonly sell cars in Warren Street.

Lee moved to London as a mercantile agent for Virginia in the tobacco trade and there married his heiress cousin Hannah Philippa Ludwell on March 7, 1769.

Although diamond brokers do not ordinarily have authority to pledge diamonds in their possession it was held that the broker had acted in the ordinary course of business of a mercantile agent.

The fact that consent was obtained by a trick or by fraud is irrelevant so long as the consent was given to the agent in his capacity as a mercantile agent.

Called "factories" (because the "factor," i.e., a person acting as a mercantile agent did business from there), these posts operated in the manner of the Dutch fur trading operations in New Netherlands.

The mercantile agent must be in possession of the goods or documents of title; and he must have that possession at the time he sells, pledges or otherwise disposes of the goods.

The car owner who leaves his car with a garage for repairs to be carried out does not consent to the garage having possession in its capacity as a mercantile agent (i.e. as a dealer).

So, too, the Factors Act 1889 protects persons who receive goods in good Kith and for value from a mercantile agent to whom goods have been entrusted by the owner for the purpose of being sold or pledged.