Brooks v. Floyd

The opinion of the Court was delivered by

Mr. Justice Marion.

Appellant, the plaintiff in the "Court below, brought action against the defendant to recover the invoice price of a shipment of snuff. Defendant admitted the purchase, but denied that the goods had ever been received, and alleged that, .in consideration of his release to the plaintiff of the claim against the transportation company for the loss of the shipment, plaintiff had discharged him from any liability on account of the purchase. In apt time plaintiff’s counsel moved for the direction of a verdict, substantially upon the…