Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
G., and others like him, to be without any
remedy whatever? Viewed from this standpoint, it became a duty, a
responsibility, and one which the court could not avoid, without
inflicting great injury upon others and consequent blame upon itself.
"With regard to the facts in the present case there is not a shadow of
doubt in the mind of the court, nor is it at all probable that Mr. S.
would deny any one of them, if here himself. He unquestionably owes this
debt to Mr. G.; the goods in the store-room which he lately occupied
unquestionably belong to Mr. S.; Mr. T. has no claim upon them whatever,
not even the claim of an agent or clerk, in a legal sense; he has
assumed authority so far as it suited his own convenience, but declines
to assume it when it does not suit his convenience or his secession
notions; to sell the goods, pocket the money, and transmit all or part
of it to Richmond was, to his mind, all right--to pay Mr. S.'s creditors
with the money, or with a portion of the goods, was, to his mind, all
wrong. In all this the court differs with him entirely, and holds that
so much of the goods as have not been paid for belong to his creditors
rather than to him, and that the agent, so soon as he became satisfied
of the correctness of the claim, should not have hesitated a moment
about returning to Mr. G. so much of his goods as remained in store, and
paid him the balance in money or in other goods. It is a principle of
law that a consideration of some kind must pass from buyer to seller
before legal possession can be claimed by the buyer. Hence you see
in contracts the words, 'For and in consideration of one dollar, the
receipt of which is hereby acknowledged,' etc.; whereas no dollar, or
any other sum, has passed between the parties, and yet these words or
their equivalent are necessary in order to make the contract legal. It
may be answered that the taking of a note, or a consent to a charge
upon books of regular entry, are regarded as a 'consideration' in the
mercantile world, and this may be so; but certainly, if the purchaser
afterwards repudiates his note or book account, or if the government
under which he has placed himself repudiates the debt for him, then
there is not, nor has there been, any 'consideration,' and the seller,
in law as well as in equity, has a right to the goods.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account