Ingham v. Vaden
Tennessee Supreme Court
Vaden deposited his crop of cotton in the hands of H. S. Morgan & Co., commission and forwarding merchants, in Memphis, to be shipped or held subject to his order. H. S. Morgan & Co. sold the cotton and appropriated the proceeds.
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Vaden deposited his crop of cotton in the hands of H. S. Morgan & Co., commission and forwarding merchants, in Memphis, to be shipped or held subject to his order. H. S. Morgan & Co. sold the cotton and appropriated the proceeds. Vaden applied for the proceeds of his crop, and did not succeed in his demand, and fearing the insolvency of the commission house, on a second application took an assignment of Ingham’s note for the sum of $1652, in part payment of hiá claim for the appropriated cotton. This note was not due at the time of the assignment. Vaden gave notice to Ing-ham that he had the…
1Opinion of the CourtGseeN, J.
The complainant, in September 1836, purchased a tract of land from J. H. & H. S. Morgan for the sum of ¿£4952, and executed his three several notes for the purchase money, the last one due in April 1839, for $1652.
In 1838, Vaden sent his cotton to the house of H. S. Morgan & Co. to be shipped by them, or to be held subject to his order. When Vaden called on them for his cotton, he found it had been sent to New Orleans and sold, and the proceeds applied to the credit of H. S. Morgan & Co. Vaden then called on Morgan for payment, which Morgan failing to make, Vaden became uneasy, and upon a…
2Cases cited4 opinions
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Petrie v. FeeterNew York Supreme Court · 1839
- Foster v. NewlandNew York Supreme Court · 1839