¶1The trust between principal and factor, is a great and important one, especially in mercantile transactions : and were this court to permit factors to deviate from the instructions of their employers, there could be no such thing as confidence between them. Here there has been a clear and unwarrantable deviation, in the defendant’s not taking the securities directed ; and also, in. refusing to deliver Peppin, the agent for the plaintiffs, the bonds he had taken with securities, unless he, Peppin, would receive the open accounts also, in full discharge of the transaction.
1 S.C.L. 169
Wilkinson v. Campbell
Pennsylvania Court of Common Pleas
Decided May 15, 1791
Pennsylvania Court of Common Pleas · decided 1791-05-15
ASSUMPSIT for goods sold by defendant as an auctioneer, on account of plaintiffs. Wilkinson, Teasdale, and another, were trustees for Neal, and ordered the defendant, as an auctioneer, to dispose of his goods and effects on a credit of six months, taking security from the purchasers for the amount of their purchases.
Decided 1791-05-15