Horace Gray

“ Yet it may be doubted whether receiving, from persons known to be factors, and to hold property as such, a pledge of the symbols of the property to secure the payment of the general balance of their bank-account with the pledgee, is consistent with good faith. ”

“ When a jury is waived in writing, and the case tried by the court, the court's finding of facts, whether general or special, has the same effect as the verdict of a jury; and, although a bill of exceptions is the only way of presenting rulings made in the progress of the trial, the question whether the facts set forth in a special finding of the court, which is equivalent to special verdict, are suff cient in law to support the judgment, may be reviewed on writ of error without any bill of exceptions. ”

“ Under the English factors' act of 5 & 6 Vict. c. 39, extending the provisions of the act of 6 Geo. IV., and protecting those advances only which are 'made bona fide, and without notice that the agent making' the pledge 'has not authority to make the same, or is acting mala fide in respect thereof against the owner' of the goods, it has been held by the highest authorities that knowledge that the agent making the pledge is a factor, without further notice that he is acting mala fide and beyond his authority, does not deprive the pledgee of the protection of the statute. ”

“ The second section of the British statute, which answers very nearly to the third section of our own, contains a proviso which expressly saves the rights of the true owner where the pledgee had notice that he was dealing with an agent ”