case Patterson against tash in chancery Michaelmas term Geo in what case the  court of chancery will direct the point in dispute to be try at law S c stram  Mr Patterson the plaintiff be a Irish merchant who deal in linen employ messrs  ewys and Wilcox as his factor in London to sell his good for he under a  commission of two and a half per cent and ship linen for they in the ship  Dublin to the amount of nine hundred pound a invoice be send over by the post  to they and they endorse it over to Kilsara tingie for the benefit of Mr Tash  to secure a debt from the factor to he of about eight hundred pound Mr Tash be  nowise privy to this transaction for Mr tingie do not deliver the invoice to  he till a month after it be endorse this endorsement be make in the morning  and the ensue night the factor abscond and a commission of bankruptcy be take  out against they and the plaintiff bring his bill to be relieve against this  endorsement Hardwicke Lord chancellor this be a matter triable at law in a  action of trover for if a man put his good in the hand of a factor he give he  power to dispose of they and if they be sell the action for the money may be  bring either in the name of the factor or the principal and as factor have a  power to sell they may do so to secure a debt due from themselves to another  if there be no fraud or collusion in the person to who the good be sell and he  be a creditor for a valuable consideration real and good fide which seem to be  the case of Mr Tash and a factor may make such assignment or bill of sale of  his principal good to secure the debt of creditor who be not even privy to  such security be give nay further they may make such assignment although they  be in fail circumstance and there have be several case to this purpose and  though there have be several attempt to set aside such assignment by factor  who be fail in this court yet they have never be allow and in the case of  Jacob v shepherd a Eq Abr cite Peer wms and state at length by Lord Mansfield  in the case of Worsley v Demattos burr Rep see also bourn v Dodson atk a  before Lord king which modern report be very much debate and wherein he  reverse the decree at the roll he send the point to be determine at law and in  such action of trover there will be try not only the question of factor in  general whether such assignment will alter the property of their principal  good but also the question whether the factor be bankrupt at the time of such  assignment if they be it will impeach the assignment that way the consequence  of all this will be if the assignment passes no property you will have your  good return in specie if it do pass a property the defendant will only be  entitle to his debt out of they and the remainder will belong to the plaintiff  but this be proper to give direction about after the trial have be at law a  this cause be try at guildhall in Hilary term Geo before lee chief justice who  hold that though a factor have power to sell and thereby bind his principal  yet he can bind or affect the property of the good by pledge they as a  security for his own debt though there be the formality of a bill of parcel  and receipt S c stram and therefore if a factor pledge the good of his  principal the principal may recover the value of they in a action of trover  against the pawnee on tender to the factor what be due to he without any  tender to the pawnee Daubigny v Duval term Rep a modern report er p