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Judicial Dictionary

Being a compilation of all words, phrases and maxims
which have been defined, construed, interpreted
or applied in reported Kentucky cases,
and in the Kentucky Constitution,

Statutes and Codes of Practice

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Author of Caldwell's “Notes to the Kentucky Reports,"

Caldwell's "Kentucky Form Book," Etc.

VOLUME II

Cincinnati, Ohio
THE W. H. ANDERSON COMPANY
Law Book Publishers

1916

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FACSIMILE-FACTOR

FACSIMILE. (Make it like.) An exact copy.

FACIAL EXPRESSION.-Evidence of the facial expression of a conductor managing a large crowd, on a hot day, or that his face was red, or that he had a scowl on his face was incompetent. He was not required to look amiable. C. & 0. Ry. Co. v. Austin, 137 Ky. 615, 126 S. W. 144.

FACTA SUNT POTENTIORA VERBIS.-Deeds are more powerful than words. Cochran's Law Lexicon.

FACTOR.-An agent employed to sell goods or merchandise consigned or delivered to him by or for his principal, for a compensation commonly called factorage or commission. Cochran's Law Lexicon.

A factor or commission merchant is one who has the actual or technical possession of the goods or wares of another. The possession of the property is prima facie evidence of ownership, and being thus in possession for the purpose of sale a factor may sell it in his own name and collect the proceeds without disclosing the name of the principal. J. M. Robinson, Norton Co. v. Corsicana Cotton Factory, 124 Ky. 435, 99 S. W. 305, 30 R. 1580, 8 L. R. A. (N.S.) 474.

A factor may buy and sell in his own or his principal's name; is intrusted with the possession and control of the goods, and has a special property in them; may sue in his own name for the price of goods sold for his principal, and has a right in his own name to receive payment, unless notice is given. Graham v. Duckwall, 8 Bush, 17.

A factor has a lien on the goods in his possession and also on the debts owing for their sales under his management, for his advances and services in the business. Bard v. Stewart, 3 Mon. 72.

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