Peddler

A word is commonly used to describe one who travels about retailing small wares. It carries the idea of pettiness as respects the character of the business transacted. The original root of the word is "ped," meaning "basket" in old English and descriptive of the receptacle in which a peddler carries his goods about for sale. 65 Conn. 292. See "Pedlars."

Persons who travel about the country with merchandise for the purpose of selling it. An itinerant trader, who carries goods about in order to sell them, and who actually sells them, to purchasers, in contradistinction to a trader who has goods for sale, and sells them, at a fixed place of business. A petty chapman, or other trading person going from town to town, or to other men’s houses, and travelling either on foot or with horses, or otherwise, carrying to sell or expose to sale, any goods, wares, or merchandise. Gra fifty v. Rushville, 107 Ind. 502, 8 N. E. 609, 57 Am. Rep. 128; Com. v. Ober, 12 Cush. (Mass.) 493; Stamford v. Fisher, 63 Hun 123, 17 N. Y. Supp. 609. An itinerant individual, ordinarily without local habitation or place of business, who travels about the country carrying commodities for sale. Davenport v. Rice, 75 la. 74, 39 N. W. 191, 9 Am. St. Rep. 454. The distinctive feature has been held not to consist in the mode of transportation, though one of the statutory modes is esseptial to constitute a peddler, but in the fact that the peddler goes from house to house or place to place carrying his merchandise with him and concurrently sells and delivers it; Ballou v. State, 87 Ala. 144, 6 South. 393; Stamford v. Fisher, 140 N. Y. 187, 35 N. E. 500. One who, having a place of business in another town, goes about delivering goods at the houses of his customers, in pursuance of orders previously taken, and takes orders for Lee, 113 N. C. 681, 18 S. 0. 713, 37 Am. St. actual corporal possession. Possessio esi Rep. 649; but one who manufactures and quasi pedis positio: possession is as it were deals in proprietary medicines who, although a planting of the foot 3 Co. 42. See Pedis having a permanent manufactory and resi- Possessio. dence, yet attends county fairs and publicly

Originally, a foot-trader; by custom, a person who travels from place to place, and carries about with him on his back, on horseback, or in a vehicle, articles of merchandise for sale.* One who deals in small or petty things; as, one who goes from house to house selling milk in small quantities.' A dealer who supplies the same customers, regularly and continuously, may be a peddler; as, a butcher who delivers meat from a wagon, lo ' Woolsey, Int. Law, 5 ed. § 158. 2 As to the effect of the treaty upon citizenship, see Shanks v. Dupont, 3 Pet. *247 (1830). ' t. peculari, to appropriate to one's own use: peculium, private property. ' Bork V. People, 91 N. Y. 10 (1S83). See4 Bl. Com 122. ^L. pecunia, property: pecua, pecus^ cattle. See Webster's Diet.; 5 Binn. *244. Compare Chattel. " [Green v. Hudson River R. Co., 32 Barb. 33 (I860), Allen, J.; Tilley v. Hudson River R. Co., 29 N. Y.874 (1864). ' Farnsworth v. Famsworth, 16 R. L — (1886); Hammond V. Hammond, 15 id. 40 (1885). 'Higgins V. Rinker, 47 Tex. 402-^ (1877). A commercial traveler who does not carry with him the goods sold is not a peddler. > See Commerce; Hawker.