merchant

including commission merchant in § 1459.

A man who traffics or carries on trade with foreign countries or who exports and imports goods and sells them by wholesale. Webster. Merchants of this description are commonly known by the name of "shipping merchants." A trader; one who, as a business, buys and sells wares and merchandise. See White v. Co.m., 78 Va. 485; Rosenbaum v. Newbern, 118 N. C. 83, 24 S. E. 1, 32 L. R. A. 123; Galveston County v. Gorham, 49 Tex. 285; In re Cameron, etc., Ins. Co. (D. Ct) 96 Fed. 757; State v. Smith, 5 Humph. (Tenn.) 395; U. S. v. Wong Ah Gah (D. C.) 94 Fed. 832.

— Commission merchant. See Commission.

— Law merchant. See Mercantile.

— Merchant appraisers. See Appraiser.

— Merchant seaman. A sailor employed in a private vessel, as distinguished from one employed in the navy or public ships. U. S. v. Sullivan (C. Ct) 43 Fed. 604; The Ben Flint, 3 Fed. Cas. 184.

— Merchant shipping acts. Certain English statutes, beginning with the St. 16 & 17 Viet. c. 131, whereby a general superintendence of merchant shipping is vested in the board of trade

— Merchants' accounts. Accounts between merchant and merchant, which must be current, mutual, and unsettled, consisting of debts and credits for merchandise. Fox v. Fisk, 6 How. (Miss.) 328.

— Merchants, statute of. The English statute 13 Edw. I. St. 3, repealed by 26 & 27 Viet. c. 125.

— Statute merchant. See Statute.

Strictly, a buyer, but by extension buys and sells; one who deals^ in the purchase dealer in merchandise; a trader. Merchants' meaning of statutes of limitation, accounts merchandise, consisting of debits and credits,

A man who traflics or carries on trade with foreign countries, or who exports and imports goods and aclis them by wholesales. Webster. Merchants of this description are commonly known by the name of “shipping merehants.” A trader; one who, as a business, buys and sells wares and merchandise.

^ Originally, one who traded with foreign countries; at present, one whose business is to buy and sell merchandise. ^ One who buys to sell again, and who does both, not occasionally or incidentally, but habitually and as a business." One who buys and sells an article; not, then, a manufacturer who sells his own productions.8 A banker is a merchant, according to both the commercial and the civil law." A commercial traveler is not a merchant: he does not sell his own goods. ^"^ Nor is a brewer; s nor an apothecary, selling liquor for medical uses; " but a hotel-keeper is, if he sells liquors, tobacco, etc., in his hotel; '" so may be the keeper of a boardiog-stable; '' but not a stock-speculator." Commission merchant. A factor, q. v. Forwarding merchant. See Forwarder. Law-merchant; law of merchants. A system of law consisting of certain principles of equity and usages of trade which geiieral convenience and a common sense of justice ' Citizens' Bank v. Nantucket Steamboat Co., 2 Story, 53-54 (1841), cases, Story, J. » Pray v. Mitchell, 60 Me. 435 (1872); Fine v. Homsby, 2 Mo. Ap. 64 (1876). 'Weston o. Mc Dowell, 20 Mich. 357 (1870); United States V. One Sorrel Horse, 22 Vt. 656 (1847). • [R. S. 1 2766. See also 6 Pet. 163; 11 Biss. 55; 40 Ind. 593; 65 Iowa, 620; 20 Pick. 13; 5 Mich. 112; 44 N. T. 305; 43 Pa. 360; 47 Wis. 616. "• L. ruercator: mei-x, traffic, merchandise. « See Thomson v. Hopper, 1 W. & S. 469 (1841). ' Commonwealth v. Natural Gas Co., 32 Pitts. L. J. 310 (1883). ' Josselyn v. Parson, 50 L. E., 7 Ex. 129 (1872). » Brown v. Pike, 34 La. An; 678 (1882). " Exp. Taylor, 68 Miss. 481 (1880). '' Anderson v. Commonwealth, 9 Bush, 571 (1873). " Campbell v. Finck, 2 Duv. 107 (1865). have established to regulate the dealings of merchants and mariners in all the commercial countries of the civilized world, i On mercantile questions, such as relate to bills of exchange and the like, in marine causes relating to freight, average, demurrage, insurance, bottomry, and others of a similar nature, the law-merchant, which is a branch of the law of nations, is followed. ^ The law-merchant was not made: it grew. Customs have sprung from the necessity and convenience of business and prevailed in duration and extent until they acquired the force of law. This mass of our jurisprudence has thus grown, and will continue to grow, by successive accretions. It is the outcome of time and experience, wlserlaw-makers, if slower, than legislative bodies. ^ The rules applicable to commercial paper were transplanted into the common law from.the law^merchant. They had their origin in the customs and course of business of merchants and bankers, and are now recognized by the courts because they are demanded by the wants and convenience of the mercantile world.* See Paper, 4. Merchants' accounts. Within the meaning of the exception in statutes of limitations, accounts between merchants for merchandise, consisting of debts and credits, unsettled and mutual.5 See Account, 1. Merchant appraiser. See Appeaiser. Merchant vessel. See Vessel. Merchantable. Vendible in market. Merchandise is vendible because of its fitness to serve its proper purpose. As applied to forage, merchantable means edible.6 The terms used In defining the word are " ordinaiy quality," " marketable quality," " bringing the average price," " at least of medium quality or goodness," "good, lawful merchandise of suitable quality," " good and sufficient in its kind," " free from any remarkable defect." ' See Custom; Makket; Merchandise; Statute-merchant.

Originally, one who^ji carries on trade with foreign countries; ' also, one whose business it is to buy and sell, irrespective of whether he trades abroad or only at home. Merchant is one who buys and trades in any thing; and, as merchandise includes all goods and wares exposed to sale in fairs or markets, so the word merchant formerly extended to all sorts of traders, buyers, and sellers. But every one who buys and sells is not at this day under the denomination of a merchant; only those who traffic in the emption, vendition, barter, permutation, or exuhange, and who make it their living to buy and sell, by a continued assiduity or frequent negotiation in the mystery of merchandising, are esteemed merchants. Those who buy goods to reduce them, by their own art or industry, into other forme, and then to sell them, are artificers, not merchants. Bankers, and such as deal by exchange, are properly called merchants. Beawes Lex Merc. 23. As Coke saith; there are four sorts of merchants; that is, merchant adventurers, merchants dormant, merchants travelling, and merchants resident. Hammond v. Jethro, 2 Brownl. ^ C. 99 note. Merchant includes all sorts of traders as well and as properly as merchant adventurers. Merchant tailor is a conmion term. Mayor, &c. of London v. Wilks, 2 Salk. 445. It may be that, in the time of James I., when the English statute of limitations was passed, " merchant " was only applied to one who traded beyond sea. But, before the passage of the Pennsylvania act, it had come to be used in a more extended signification. Thomson v. Hopper, 1 Watts 4r S. 467. A person who sells liquors, tobacco, and other articles, as an unrestricted business, in the house kept by him as a hotel, is a merchant, within the statute limiting actions between merchant and merchant. Campbell V. Finck, 2 Dm. 107. Merchant, as used in the Kentucky statute imposing a fine on any merchant who shall sell liquors without a license, should not be construed to include an apothecary selling for medical uses. The word merchant, in its most general and comprehensive sense, will certainly embrace all who may be engaged in the purchase and sale of goods; and, as an apothecary, regarded in the strictest sense of that word, is " one who prepares and sells drugs for medicinal purposes," and must necessarily be a trafficker in drugs, it would seem that he is in a certain sense a merchant; and more obviously so is an ordinary druggist "whose occupation is merely to buy and sell goods." But the evident intent of the statute is only to. restrict sales of liquor by common dealers in merchandise to be used as a beverage. Anderson:;. Commonwealth, 9 Bush, 569. Merchant and merchant; merchants' accounts. Most of the statutes of limitations contain an exception in favor of actions involving merchants' accounts, or of accounts between merchant and merchant; and the meaning of these phrases has been discussed in some decisions. Merchants' accounts, to come within the exception in the statute, must be between ing of debts and credits for merchandise. Fox V. Fisk, 7 Miss. 328. To constitute a merchant's account, within the exception in the statute of limitations, there must be reciprocal demands. Atwater V. Fowler, 1 Edw. Ch. 417; Chew v. Baker, 4 Crunch G. Ct. 696; Hussey v. Burgwyn, 6 Jones L. 385. Where goods were purchased on joint account, and consigned to one of the parties to sell and account to the other for his share, it was held that the dealing was not a merchant's account, within the exception. Murray v. Coster, 20 Johns, bib; Coster V. Murray, 5 Johns. Ch. 522. The exception, in the Virginia statute of limitations, in favor of merchants' accounts, extends to all accounts current which concern the trade of merchandise. Mandeville V. Wilson, 5 Cranch. 15; 1 Cranch C. Ct. 433, 452. The exception, in the Maryland statute of limitations, in favor of " such accounts as concern the trade or merchandise between merchant and merchant, their factors and servants, which are not residents within this province," applies to dealings between a merchant creditor residing out of the state and a debtor residing within it. Bond V. Jay, 7 Cranch, 350. The exception of " actions which concern the trade of merchandise between merchant and merchant," extends only to open and current accounts, and means no more than the words of the statute of Jac. I., excepting " accounts concerning the trade of merchandise," &c. Eamchander V. Hammond, 2 Johns. 200. Merchant appraisers. Persons engaged in trade, selected pursuant to provisions of a law imposing duties on imported goods, to value the articles embraced in some invoice, the official appraisal of vphich is disputed by the importer. Merchant appraisers formerly consisted of two merchants, one chosen by the importer and one by the collector; but, under existing provisions of law, the collector may select a government appraiser; so that, in the larger ports, the appraising board usually consists of a merchant selected by the importer, and a permanent appraiser selected by the collector. (9 Stat, at L. 630.) Belcher v. Linn, 24 How. 508, 521. Merchantable. In a contract, means, generally, vendible in market. Merchandise is vendible, because of its fitness to serve its proper purpose. Applied to forage, merchantable means edible; therefore, prairie hay, if it be not edible, is not merchantable. Wood V. United States, 11 Ct. of CI. 680. A contract to deliver corn in a merchantbe ripe. Hamilton v. Ganyard, 34 Barb. 204, 206.

is one whose business it is to buy and sell merchancise; this applies to all persons who habitually trade in merchandise.

In another sense, it signifies a person who owns ships, and trades, by means of them, with foreign nations, or with the different states of the United States; these are known by the name of shipping merchants. Com. Dig. Merchant, A; Dyer, R. 279 b; Bac. Ab. h. t. According to an old authority, there are four species of merchants, namely, merchant adventurers, merchants dormant, merchant travellers, and merchant residents. 2 Brownl 99. Vide, generally, 2 Salk. R. 445; Bac. Ab. h. t.; Com. Dig. h. t.; 1 Bl. Com. 75, 260.