
    Hadwin v. Fisk.
    A factor cannot pledge, nor give in payment for his own debts, property consigned to him.
    THE defendant appealed from a judgment of the Commercial Court, in an action to recover a quantity of tobacco in hogsheads, alleged to have been pledged to him by the consignees of the plaintiff, for a debt due by the consignees. The plaintiff claimed the tobacco or its value. The defendant alleged that he had purchased the tobacco from the consignees. A jury found a verdict for the plaintiff, and there was judgment accordingly. The case turned upon the question of fact, whether there had been a purchase tona fide. In regard to the only question of law involved, the court, per Siibelu, J., say : On the-question of law the doctrine is well settled that a factor cannot pledge for hi» own debts, property consigned to him, nor can he give it in payment for his own. debts. The judgment below was affirmed.
    
      C. M. Jones, for the plaintiff. Elwyn and Roselius, for the appellant*
     