McComb v. . Railroad

The suit was originally commenced by one Farrow, the intestate of the plaintiffs against the defendant as a warehouseman, declaring on a special contract to keep and deliver to plaintiff's order on (179) demand, four bales of cotton, and for a failure to deliver said cotton, also declaring in the common counts. Defendant pleaded "Gen. issue."

For the plaintiff, Dr. Gilmer testified, that in December, 1856, he shipped on the road of the defendant, to his own order four bales of cotton to Charlotte; that he sold this cotton to plaintiffs' intestate by sample; that a clerk of said intestate and…