Marlow v. Conway Iron Works

The opinion of the Court was delivered by

Mr. Justice Marion.

This is an action to recover the value of a bale of cotton which plaintiff alleges he delivered to the defendant in the form of “long staple-seed cotton, to be ginned and baled and returned” to him, and which defendant failed and refused upon demand and after payment of ginning charges to return or redeliver to the plaintiff. Plaintiff further alleges that the defendant disposed of and converted the cotton. The defendant, by its answer, enters a general denial, and set up the following additional defenses :

“That, if the plaintiff had…