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V.

covery to "pecuniary injury," and therefore, poration, etc., is not a corporation for "pecuthe statute by necessary implication excludes niary profit” within Rev. St. 1895, arts. 745, solatium. Marshall Consolidated Jack 746, requiring foreign corporations for pecuMines Co., 95 S. W. 972, 973, 119 Mo. App. niary profit to obtain a permit to transact 270.

business in the state, and need not obtain

such a permit as a condition precedent to its PECUNIARY LOSS

right to sue. City of San Antonio v. SalvaThe word “pecuniary," as used in a stat- tion Army (Tex.) 127 S. W. 860, 861. ute authorizing recovery for pecuniary loss, is not restricted to loss of money, or of things the trustees to the principal, who conducted

Where an academy was farmed out by purchasable by money.

Carter v. West Jersey & S. R. Co., 71 Atl . 253, 254, 76 N. J. Law, of their powers under the charter, the rental

it under their supervision, they reserving all 602, 19 L. R. A. (N. S.) 128, 16 Ann. Cas. 929. which they received from the principal, and

In an action for death, brought by dece which was applied by them to erecting builddent's widow and minor children, plaintiffs ings and improving the grounds of the instimay, under proper allegations and proof, re tution, without any personal gain to themcover for the loss of advice and counsel of selves, was not a "pecuniary profit,” within decedent, though such loss is not a pecuniary the meaning of Laws 1896, p. 797, c. 908, $ 4, loss within the statute restricting the right subd. 7, which provides for the taxation of of recovery to the pecuniary injury sustain- educational institutions if any officer thereof ed, since the only pecuniary loss within the shall be entitled to receive pecuniary profit statute is the loss of maintenance and sup- therefrom other than reasonable compensaport. Houston & T. C. R. Co. v. Davenport tion for services rendered in effecting its edu(Tex.) 110 S. W. 150, 154.

cational purposes. People v. Mezger, 90 N.

Y. Supp. 488, 490, 98 App. Div. 237. Plaintiff contracting for certain repairs upon a house owned by his wife procured a A will contained bequests to “St. Vinbond from a surety company to himself, to cent's Hospital” and “Old Men's Home.” It which the wife was not a party, conditioned was not questioned but that the testator by to indemnify him for any pecuniary loss from the term “Old Men's Home" meant St. Benebreach of any of the terms of the contractor's dict's Home for the Aged. Neither the hosagreement, and afterwards paid judgments pital nor the home was incorporated, but obtained on subcontractors' liens. Held, that each was merely a charitable enterprise conhe had sustained "pecuniary loss” within the ducted by the Sisters of St. Benedict, a corterms of the bond. Taylor v. Massachusetts poration organized not for pecuniary profit. Bonding & Ing. Co., 142 S. W. 1096, 161 Mo. Held, that since the bequest was in effect to App. 293.

the corporation, and merely specified the par

ticular enterprises to which the testator PECUNIARY OBLIGATION

wished it devoted, it was a bequest to a corA silver certificate issued by the United poration organized under the chapter relatStates is a "pecuniary obligation" or secu- ing to corporations not for pecuniary profit, rity of the government and an article of val- within the meaning of Code, g 3270, providing ue within Rev. St. § 5467, subjecting to pun- that no bequest to such corporations shall be ishment any person employed in any depart- valid in excess of one-fourth of testator's ment of the postal service who shall secrete estate, if a spouse, child, or parent survive any letter containing any note, bond, cer- the testator. In re Ihmes' Estate, 134 N. W. tificate of stock, or other pecuniary obligation 429, 430, 154 Iowa, 20. or security of the government. Bromberger v. United States, 128 Fed. 346, 351, 63 C. C.

PED A. 76. A resolution of the borough council of wood's Dictionary on Etymology, is “a pan

A "ped" in Norfolk, according to Wedgthe borough of Elmer, providing for the pur- nier or wicker basket; a pedder or peddler; chase of lands, tends to impose a “pecuniary obligation" on the borough, and must, under

a packman; one who carries on his back section 27 of the borough act of 1897, be sub- Record-Press, 150 S. W. 814, 815, 150 Ky. 634.

goods for sale." Citizens' Bank v. Crittenden mitted to the mayor for his approval. Sturr v. Borough of Elmer, 67 Atl. 1059, 1060, 75 N. PEDDLER J. Law, 443.

See, also, Hawker; Itinerant Vendor. PECUNIARY PROFIT

A "peddler" is defined as one who travels

Eaton v. PeoA foreign corporation organized for be about, retailing small wares. nevolent, religious, or philanthropic purposes, ple, 104 Pac. 407, 408, 46 Colo. 361. required by its charter to set apart for such The word “peddler" in its ordinary sense purposes its entire receipts, so that no mem- means a traveling trader; one who travels ber or employé shall receive any pecuniary about retailing small wares. In re Watson, profit except reasonable compensation for 97 N. W. 463, 466, 17 S. D. 486, 2 Ann. Cas. sertices in effecting the purposes of the cor- : 321 (quoting Webst. Dict.).

A "peddler" is understood to be one, hawkers and peddlers carrying their wares who goes around from house to house, or on their persons or otherwise, the presence from customer to customer and sells goods. in a street of a push-cart peddler, who was Ex parte Henson, 90 S. W. 874, 876, 49 Tex. injured in a collision, was not contributory Cr. R. 177 (citing 6 Words and Phrases, p. negligence per se precluding a recovery of 5262).

damages. Collender V. Reardon, 123 N. Y. Any person who peddles is a “peddler" Supp. 587, 589, 138 App. Div. 738 (citing Comwithin Act No. 295 of 1908, requiring a li- monwealth v. Ober, 12 Cush. [66 Mass.) 493; cense for hawkers and peddlers, without 21 Cyc. p. 367). reference to the kind of merchandise pur- Where oil is sold and delivered from a chased and sold. Flournoy v. Walker, 52 tank wagon, if such sales are to others than South. 673, 674, 126 La. 489.

retail dealers, the transactions are "pedRev. St. 1899, § 8861, defines a peddler dling," requiring a peddler's license, and payas one who deals in selling goods, etc., ex

ment of a fee of $50 per year for one person cepting pianos, etc. State v. Webber,' 113 with a two-horse wagon. Standard Oil Co. S. W. 1054, 1055, 214 Mo. 272, 15 Ann. Cas.

V. Commonwealth, 83 S. W. 557, 119 Ky. 1. 983.

Sales of oil delivered from wagons to A “peddler,” within Kirby's Dig. & 5438, retail dealers for resale are within Ky. St. authorizing licensing of peddlers, is one who 1903, § 4224, requiring payment of an angoes from place to place and from house to nual license fee of $5 for each wagon; but house carrying for sale and exposing to sale sales from wagons to others than retail the goods, wares, and merchandise he carries dealers constitute “peddling” within section City of Conway v. Waddell, 118 S. W. 398, 4215, requiring peddlers to take out licenses. 399, 90 Ark. 127 (quoting 6 Words and Commonwealth v. Standard Oil Co., 112 S.

W. 902, 903, 129 Ky. 744, Phrases, p. 5260).

That one sold liniment and lemon exAside from statute, a “peddler” may be defined as any person who, by solicitation tract by going from place to place to sell the or outcry, takes anything from house to same, and sold one bottle to one person and house in any manner, and offers to sell the two to another shows that he was a peddler same for money, or barters the thing for any dler” to be one who deals in the selling of

within Rev. St. 1899, § 8861, defining a "pedother thing, or whoever goes from house to house for the purpose of taking orders for goods, wares, and merchandise, etc. State

v. Webber, 113 S. W. 1054, 1055, 214 Mo. anything for future delivery to be sold or

272, 15 Ann, Cas. 983. bartered. Fallis v. Gas City, 82 N. E. 1056, 1057, 169 Ind. 508.

Since a theater ticket is a mere license,

evidence of a right to enter a theater and The word “peddler" is a well-known common-law term covering itinerant vendors, occupy a definite seat during a performance, and the statute provides a license for this and not merchandise, the offering of such

ticket for sale does not constitute "hawking" class of retail vendors by name. Ky. St. 1903, § 4224, imposing a penalty for retailing for the sale thereof; such terms referring

and "peddling," so as to require a license oil without a license, provides for a different to the manner in which the business is class of retailers from peddlers, and, where carried on, and not to the business itself. a petition in an action to recover a penalty People v. Marks, 120 N. Y. Supp. 1106, 1109, for retailing oil without a license made no 64 Misc. Rep. 679. allusion to peddlers, it would be presumed that it was brought for the penalty imposed

"Persons who travel from town to town, by section 4224. Commonwealth v. Standard from one plantation to another, by land or Oil Co., 87 S. W. 1090, 120 Ky. 724.

by water, carrying to sell or exposing to sale "The primary idea of a 'hawker and merchandises, are included in the general

any rum, sugar, or other goods, wares, or peddler' is that of an itinerant or traveling terms 'hawkers' and 'peddlers.'" "Hawkers trader who carries goods about in order to and pedders are persons who practice carrysell them, and who actually sells them to ing merchandise about from place to place purchasers, in contradistinction to a 'trader,' for sale, as opposed to traders who sell at who has goods for sale and sells them in a established shops.” State v. Ivey, 53 S. E. fixed place of business." "In the absence 428, 430, 73 s. C. 282 (quoting and adopting of a definition by statute or municipal or- definition in State V. Belcher [S. C.] 1 dinance, a “peddler or hawker,' within the

McMul. 42). generally accepted meaning of the words, is a small retail dealer who carries his mer

Delivery of goods chandise with him, traveling from place to The term “peddler" generally includes place, or from house to house, exposing his any one who goes from place to place to pedor his principal's goods for sale and selling dle goods, and, as used in Ky. St. $ 4223, them." As under the common law and by making notes given to a peddler void if not statutory recognition there has been a well- so indorsed thereon, being one who has the recognized use of highways and streets by I thing he sells with him and delivers it at

the time of sale. Citizens' Bank v. Crittenden | lents in law. “Hawkers" and "peddlers" are Record-Press, 150 S. W. 814, 815, 150 Ky persons who carry merchandise from place 634.

to place for sale, as opposed to “traders," Mere delivery of goods to a customer is who sell at an established shop. City of St. not "peddling," within Ky. St. 1903, $ 4215, Louis v. Meyer, 84 S. W. 914, 918, 185 Mo. requiring peddlers to take out licenses; "ped- 583 (citing Hall v. State, 23 South. 121, 39 dling" consisting in hawking goods about Fla. 668; Commonwealth v. Ober, 12 Cush. and offering and selling to any one who will [66 Mass.) 493; Bish. St. Crimes, & 1074; buy. Commonwealth V. Standard Oil Co.,

Fisher v. Patterson, 13 Pa. 336; City of 112 S. W. 902, 904, 129 Ky. 744.

South Bend v. Martin, 41 N. E. 315, 142 Ind.

31, 29 L. R. A. 531; Emert v. Missouri, 15 A foreign manufacturer of ranges em- Sup. Ct. 367, 156 U. S. 296, 39 L. Ed. 430). ployed traveling salesmen to take orders in

Hawker synonymous Arkansas. The orders were forwarded to a

See Hawker. division superintendent in Arkansas, who investigated the credit of the buyers. The Permanent stand ranges were shipped by the manufacturer to The statute of 1909 (Laws 1909, p. 292), Arkansas to fill the orders secured, and de- providing that before any person either as liveries were made by employés called deliv- owner, manufacturer, or agent shall travel erymen. Held, that the traveling salesmen through any county and peddle or sell enuand the deliverymen were "peddlers," within merated articles, he shall procure a license, the peddling statute of 1909, requiring a li- does not reach one who simply brings his cense of persons traveling through any coun- wares into a county and sells them, but ty peddling or selling enumerated goods. there must be added the element of traveling Crenshaw v. State, 130 S. W. 569, 570, 95 from place to place through the county for Ark, 464.

the purpose of selling. Crenshaw v. State,

130 S. W. 569, 95 Ark. 464. An agent of a foreign corporation engaged in making portraits by photographic A person operating a lunch wagon at enlargement, who delivers such portraits to a fixed place in a street daily between cercustomers who have previously ordered the tain fixed hours is not a "hawker” or “pedsame made and collects therefor, is not a dler” within a statute defining "hawkers" "peddler” or “hawker" within the meaning and “peddlers” as persons who travel about, of an ordinance imposing a license tax on either on foot or in wagons, carrying and persons engaged in such occupations merely exposing for sale goods. Commonwealth v. because, as an incident to delivery, he sells Morrison, 83 N. E. 415, 197 Mass. 199, 14 the customer a frame for the portraits if L. R. A. (N. S.) 194, 125 Am. St. Rep. 338. desired. The leading primary idea of aA hawker or peddler is an itinerant or 'hawker' or 'peddler' is that of an itinerant traveling trader who carries goods about in or traveling trader, who carries goods about order to sell them, and who actually sells in order to sell them, and who actually sells them to purchasers by delivering the goods them to purchasers, in contradistinction to a at the time of the sale, in contradistinction trader who has goods for sale and sells them to the trader who has goods to sell and sells in a fixed place." Chicago Portrait Co, v. them in a fixed place of business. State v. City of Macon, 147 Fed. 967, 969 (quoting and Bayer, 97 Pac. 129, 131, 34 Utah, 257, 19 L. adopting definition in Emert v. State of Mis- R. A. (N. S.) 297. souri, 15 Sup. Ct. 367, 156 U, S. 296, 39 L.

Sales to dealers Ed. 430, which quotes with approval language of Chief Justice Shaw of Massachu- tail dealers for resale are within Ky. St.

Sales of oil delivered from wagons to resetts, in Commonwealth v. Ober, 12 Cush. 1903, $ 4224, requiring payment of an annual (66 Mass.) 493).

license fee of $5 for each wagon; but sales Farmer retailing crops

from wagons to others than retail dealers The word "peddler," as used in a mu- constitute “peddling," within section 4215, nicipal ordinance providing that no person requiring peddlers to take out licenses. Comshall exercise the vocation of a peddler with monwealth v. Standard Oil Co., 112 S. W. in the municipality without first paying an 902, 903, 129 Ky. 744. annual license, includes one peddling the Sales by order or sample produce of his own farm or garden, as well The license taxation of commercial salesas one peddling farm or garden products men or travelers selling by sample or taking which he has purchased from others. State orders for future delivery is not germane to V. Jensen, 100 N. W. 644, 645, 93 Minn. 88. the license taxation of “peddlers or hawkers"

A farmer who takes his farm products to selling and delivering goods carried by them a city and sells them from place to place is on foot or on horseback, or in vehicles, or not a hawker or peddler within the under- in water craft. Beary v. Narrau, 37 South. stood meaning of such terms. The terms 961, 113 La. 1034. “hawker" and "peddler,” as used by the A hawker or peddler, as defined by Laws courts of this country are treated as equiva- / 1909, p. 293, c. 248, § 1, is one who has

no fixed place of trade, but travels from "Peddling," as used in Rev. St. Wis. place to place and from house to house, 1898, 8 1570 et seq., as amended, prohibiting though he sells by sample and does not carry peddling without a license, included a resihis wares with him, or even if he does not dent of a state who traveled from house to make an immediate sale, but enters into an house in a city with a single horse and wag. executory contract for a future sale and fu- on, taking orders for teas and coffees, etc., ture delivery. State ex rel. Mudeking v. by means of samples carried by him, the orPa 123 N. W. 408, 409, 109 Minn. 147, 134 ders being filled at a store and the parcels Am. St. Rep. 759.

delivered by defendant on his next trip,

such parcels being made up for each individA traveling salesman, who carries sam

ual purchaser, no goods being delivered by ples and takes orders for brooms from merchants in lots of a dozen or more, and aft- bim at the time of taking the orders. State erwards delivers the brooms, which are ship- v. Whitcom, 99 N. W. 468, 469, 122 Wis. 110. ped to him from the factory, is not a "ped- "Peddling" is the occupation of an dler" requiring a license, within Act April itinerant peddler of goods, who sells and de16, 1903, § 50, as amended, defining as such livers the identical goods he carries with all persons who carry goods from place to him. It is not the business of selling by place for sale, and all persons who offer goods sample and taking the order for goods to be for sale without having a regular place of thereafter delivered, and to be paid for, business. If he had gone from place to place wholly or in part, upon their subsequent de in the state and taken orders for the brooms livery. Neither a person exhibiting a sammanufactured by his principal, and sent such ple of a range, nor a person making delivery orders to the latter at his place of business, of such ranges, after their sale, in the origito be filled by him, he could not be regarded nal packages, are peddlers, within the meanas a peddler. Neither would he be a ped- ing of a provision in the revenue law that dler if, instead of sending such orders to his any person carrying a wagon, cart, or bug. principal to be filled, he had notified him of gy, or traveling on foot, for the purpose of the amount of brooms necessary to fill the exhibiting or delivering any wares or merorders taken, and the brooms had been ship-chandise, shall be considered a peddler, and ped to him from the factory, or he had gone imposing a license tax. Wrought Iron Range to the factory and gotten the goods, and fill- Co. v. Campen, 47 S. E. 658, 664, 135 N. C. ed the orders theretofore taken by him. 506. Kloss V. Commonwealth, 49 S. E. 655, 656,

An agent of a corporation, having its 103 Va. 864 (citing Village of Stamford v. place of business in another state, took orFisher, 35 N. E. 500, 140 N. Y. 187; Com- ders for unframed crayon portraits to be monwealth v. Ober (Mass.) 12 Cush. 493; made at the corporation's place of business, Commonwealth v. Eichenberg, 21 Atl. 258, and left with each purchaser a memorandum 140 Pa. 158; State v. Frank, 41 S. E. 785, of the agreement which recited that a cer130 N. C. 724, 89 Am. St. Rep. 885).

tain price should be paid for the portrait on A foreign manufacturer of ranges em-delivery, and that, ile the purchaser was ployed traveling salesmen to take orders in not obliged to take a frame, all portraits Arkansas. The orders were forwarded to a would be delivered in frames. Subsequently division superintendent in Arkansas, who in- defendant delivered the portraits as agent vestigated the credit of the buyers. The rang- of the corporation, and urged the purchasers es were shipped by the manufacturer to Ar- to purchase the frames. The facts warrantkansas to fill the orders secured, and delivered a finding that defendant was within Rer. ies were made by employés called delivery. St. 1899, $$ 8861, 8862, 8868, making it a mis

Held, that the traveling salesmen and demeanor to deal as a peddler without a lithe deliverymen were "peddlers," within the cense and defining a peddler as one selling peddling statute of 1909, requiring a license goods, wares or merchandise, by going from of persons traveling through any county ped place to place to sell the same. State v. dling or selling enumerated goods. Crenshaw | Looney, 97 S. W. 934, 936, 214 Mo. 216, 29 v. State, 130 S. W. 569, 570, 95 Ark. 464. L R. A. (N. S.) 412.

A merchant in Chicago employed an A city ordinance made it an offense to agent, who solicited orders for merchandise pursue the occupation of a hawker or redin a city in Missouri and reported the or- dler, without a license, and defined a hawkders. The merchant put up each article or- er or peddler as including any person who dered in a package, and all the packages should travel from house to house for the were shipped to the agent, who took the purpose of selling, offering for sale, or sogoods from the depot and delivered them to liciting orders for goods, wares, or merchanthe customers and collected the price. Held, dise, by sample. A New Jersey corporation that the agent was not a “peddler,” within engaged in the sale and distribution of teas an ordinance of the city imposing a license and spices maintained a warehouse in anothfor selling merchandise from wagons. Jewel er city in Michigan, from which its trade in Tea Co. v. Lee's Summit, Mo., 189 Ted 280, Michigan was supplied. The corporation 281.

furnished defendant with a horse and wagon,

men.

and he solicited orders from door to door, order from the purchaser was accepted by and at intervals ordered from the warehouse the agent's principal; the articles not being in Michigan sufficient goods to fill the orders, delivered until after the order was accepted, whereupon he delivered the goods, collected and the agent's only duty being to take and the price, retained a commission, and re- forward the order and explain his scheme of mitted the balance. Held, that not having contest therefor, to be conducted by the purhad a license, he was properly convicted un-chaser. Held, that the notes sued on were der the ordinance, City of Alma v. Clow, 109 not “peddlers' notes," within the statute. N. W. 853, 146 Mich. 443.

Citizens' Bank v. Crittenden Record-Press, A traveling soliciting agent who takes or- 150 S. W. 814, 815, 150 Ky. 634. ders for goods similar to his samples subject to the approval of his employer who, upon PEDERASTY approval of the orders, prepares the goods

As cruelty within the divorce act, see for delivery and turns them over to him for

Cruelty. delivery which he makes, collecting and remitting the price, is not within the statute

PEDIGREE imposing a tax on peddlers and defining "peddlers" to include all transient merchants

The word “pedigree" means “a line of and itinerant venders, selling by sample, or ancestors, and a requirement to prove lineage by taking orders whether for immediate or of an animal back of the immediate progenifuture delivery. State v. Bristow, 109 N. W. tors only to the grandparents was a limita199, 200, 131 Iowa, 664.

tion of proof, rather than an extension. BorSales to regular customers

den v. United States, 132 Fed. 205, 206. An oil company, which fills tanks of reg- The term "pedigree" includes the facts ular customers every week under a standing of birth, marriage, and death and the times order, is not a "peddler," within Ky. St. when such events happened. Rowan v. State, 1903, § 4215, requiring "peddlers” to take out 124 S. W. 668, 670, 57 Tex. Cr. R. 625, 136 licenses. Commonwealth v. Standard Oil Co., Am. St. Rep. 1005. 112 S. W. 902, 903, 904, 129 Ky. 744.

“The term “pedigree' embraces not only Single sale

descent and relationship, but also the facts A single sale of merchandise by a per- of birth, marriage, and death, and the times son does not establish the fact that he is a

when these events happen." Topper v. Per"peddler." City of Kinsley v. Dyerly, 98 ry, 95 S. W. 203, 205, 197 Mo. 531, 114 Am. Pac. 228, 229, 79 Kan. 1, 19 L. R. A. (N. s.) St. Rep. 777 (citing Copes v. Pearce [Md.) 405 (quoting and adopting definition in City 7 Gill, 247); Imboden v. St. Louis Union of Kansas v. Collins, 8 Pac. 865, 34 Kan. Trust Co., 86 S. W. 263, 267, 111 Mo. App. 434).

220 (quoting and adopting the definition in

Copes v. Pearce (Md.] 7 Gill, 247). PEDDLER'S NOTES

"The term “pedigree,' however, embraces Notes given for the exclusive right to not only descent and relationship, but also sell articles in a certain territory are “ped- the facts of birth, marriage, and death, and dler's notes," within a statute making void the times when these events happened. These a note given for rights by a peddler, unless facts therefore may be proved in the manner indorsed "peddler's note.” McAfee v. Mercer above mentioned, in all cases where they ocNat. Bank (Ky.) 104 S. W. 287.

cur incidentally and in relation to pedigree. Ky. St. 4223, makes notes given to a Thus, an entry by a deceased parent or other peddler void if not so indorsed thereon. Sec- relative, made in a Bible, family missal, or tion 4216 defines as peddlers itinerant per- any other book, or in any document or pasons vending goods, wares, and merchandise, per, stating the fact and date of the birth, jewelry, and other things not therein specific marriage, or death of a child or other relaally exempt; and section 4218 exempts from tive, is regarded as a declaration of such the previous section tinware, agricultural im- parent or relative in a matter of pedigree.” plements, sewing machines, portable mills,

Travelers' Ins. Co. v. Henderson Cotton books, meat, etc., and things sold by sample Mills, 85 S. W. 1090, 1091, 117 Am. St. Rep. by merchants. Section 4224, fixing the 585, 9 Ann, Cas. 162 (quoting and adopting amount of the license tax paid by peddlers, definition in 1 Greenl. Ev. § 104). provides that one with a two-horse wagon 'Pedigree' is the history of family deshould pay a certain sum, one on horseback scent, which is transmitted from one generaanother sum, and one on foot, carrying ar- tion to another by both oral and written ticles on his person, another sum. The notes declarations, and, unless proved by hearsay sued on were given for an automobile, din- evidence, not competent in general issues, it ner sets, and other articles, sold to defend cannot in most instances be proved at all. ants by the traveling agent of plaintiff's in- Matters of “pedigree consist of descent and dorser, a manufacturing company, under a relationship evidence by declarations of parcontract which did not pass title until the I ticular facts, such as births, marriages, and

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