New York Court of Common Pleas January 5, 1880 (In re the Assignment of Kobbe)

Van Hoesen, J.

In order to determine correctly the rights of the petitioners, it must first be ascertained whether or not they consigned goods to Kobbe & Ball with the understanding that the latter firm might mingle, and sell, commingled, the goods of divers consignors, take in payment one secur*43ity or one sum for the goods of several principals, deposit the money, or use the security, as their