Contracts. A person who is employed both by the seller and purchaser
of goods, or by the purcbaser 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 considerpd 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 Iiable 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.
MIDWIFE, med. jur. A woman who practices midwifery; a woman who pursues the business of an account.
2. A midwife is required to perform the business she undertakes with proper skill
, and if she be guilty of any mala praxis
, (q. v.) she is liable to an action or an indictment
for the misdemeanor. Vide Vin. Ab. Physician
; Com. Dig. Physician; 8 East, R. 348; 2 Wils. R. 359; 4 C. & P. 398; S. C. 19 E. C. L. R. 440; 4 C. & P. 407, n. a; 1 Chit. Pr. 43; 2 Russ. Cr. 288.