Campbell v. Finck

JUDGE ROBERTSON

delivered the opinion op the court:

The petition alleging that, at the request of the appellant, the appellee consigned to him by Adams express the brandy, as charged in the account sued on, was not traversed by the answer, and was, therefore, confessed, as the circuit court properly instructed the jury. Consequently, even if the appellant, as he alleges without proof, never received the brandy, the loss must be his, not that of the appellee; and no other proof of the sale and delivery of the brandy to -the appellant or hisragent was necessary.

The demand was not barred by the…