Pavret v. Perot

Decided March 15, 1797

Supreme Court of Pennsylvania · decided 1797-03-15

The only question in this case was, whether the defendants were entitled to commissions on the sums to he recovered. The plaintiffs had a commendatory partnership, and carried on trade at Port au Prince, the two Peles being the ostensible and active partners. On the death of Pierre Pavret, the court of the Senechaussey of Port au Prince, on the 20th October 1794, decreed, that Francis Pavret was entitled to collect the debts of the late company.

Decided 1797-03-15

But by the court.

¶1If such is the usage it cannot be supported under the present circumstances. There may be some reason for such a charge by a factor, where he remits his balance in bills of exchange.. There he experiences both trouble and risque on negotiating the bills. But suppose a balance settled by an account current and a bill of exchange drawn for the amount, would not the factor deem himself bound to pay it without deduetion ? So where the principal himself receives his money from the factor at his place of abode, would it not be unreasóneble in the latter to charge a commission, on the payment of his own proper debt ?

¶2Verdict pro quer. for 4249 dollars and 3 cents, and 6 cents costs.