
    John E. Eaton and Another versus Nathaniel Lynde.
    A delivers yarn to B, who was to procure it to be made into cloth, for a commission. B delivers it to C, to weave it at an agreed price. It was holden that the general property remained in A; that B had the special property; and that C, as the servant of B, had no property in the yarn, or the cloth.
    Trover for eighty yards of cotton cloth. The case was mus. Messrs. Slater 8f Co. had delivered a quantity of yarn to the plaintiffs, upon an agreement that they should procure it to be woven into cloth, for which Slater &f Co. were to allow the plaintiffs a commission. One Benson had received the yarn of the plaintiffs to weave it for an agreed price, which the plaintiffs were to pay him in goods from their store. Benson having woven the yarn into cloth, the defendant, a deputy sheriff, attached it, at the suit of a creditor of Benson, as his property, though informed of all the circumstances by Benson.
    
    The only question submitted to the Court was, whether the plaintiffs had such a property in the yarn as would maintain trover.
    It was contended by Burnside, for the defendant, that, as Slater &f Co. had the general property, the special property was in Benson; and that the plaintiffs were mere agents of Slater Co., and had no property at all in the yarn, or in the cloth made from the yarn.
   But the Court

were of opinion that, as the plaintiffs had received the yarn, and had undertaken to get it woven, upon a commission to be paid them by Slater & Co., the special property was in the plaintiffs—Benson being their agent, or servant, to weave the clot i for an agreed price; —and therefore ordered

Judgment for the plaintiffs.  