MIDDLEMAN contracts. A person who is employed both by the seller and
purchaser of goods, or by the purchaser alone, to receive them into his
possession, for the purpose of doing something in or about them; as, if
goods be delivered from a ship by the seller, to a wharfinger, to be by him
forwarded to the purchaser, who has been appointed by the latter to receive
them; or if goods be sent to a packer, for and by orders of the vendee, the
packer is to be considered as a middleman.
2. The goods in both, these cases will be considered in transitu, provided the purchaser has not used the wharfinger's or the packer's warehouse as his own, an have an ulterior place of delivery in view. 3 B. & P. l27, 469; 4 Esp. R. 82; 2 B. & P. 457; 1 Campb. 282; 1 Atk. 245; 1 H. Bl. 364; 3 East, R. 93; Whit. on Trans. 195.
3. By middleman is also understood one who has been employed as an agent by a principal, and who has employed a subagent under him by authority of the principal, either express or implied. He is not in general liable for the wrongful acts of the sub-agent, the principal being alone responsible. 3 Campb. N. P. Cas. 4; 6 T. R. 411; 14 East, 65.