Mortimore v. Ragsdale
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge, J. B. Mortimore, a merchant in the city of Meridian, brought this suit against L. A. Eagsdale, the proprietor of a warehouse there, to recover the value of thirty-nine bales of cotton which the plaintiff claimed as the holder and owner of certain warehouse receipts given by the defendant.
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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge, J. B. Mortimore, a merchant in the city of Meridian, brought this suit against L. A. Eagsdale, the proprietor of a warehouse there, to recover the value of thirty-nine bales of cotton which the plaintiff claimed as the holder and owner of certain warehouse receipts given by the defendant. The evidence at the trial developed substantially these, among other facts: On the 19th of January, 1881, C. L. Wilder & Co., cotton brokers in Meridian, bought from Mortimore fifty-eight bales of cotton, marked “J. B. M.,” and…
1Opinion of the CourtCooper, J.
The plaintiff, when he had introduced the warehouse receipts and proved a demand upon the defendant or his agent for the property therein described, at any time before the institution of this suit liad a primé fade right to recover the value of the property, and the burden of proof devolved upon the defendant to rebut the case made by the plaintiff. It was not necessary for the plaintiff to identify the cotton in any other manner than by the receipts, nor to show which of the bales of cotton had been recovered by him from other parties, into whose possession it had gone from the warehouseman.…
2Cases cited2 opinions
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Ohio & Mississippi Railway Co. v. YoheIndiana Supreme Court · 1875
3Cited by3 opinions
- Wheelock Bros. v. Bankers Warehouse Co.Supreme Court of Colorado · 1946
- Love v. People's Compress Co.Mississippi Supreme Court · 1924
- Selleck v. Macon Compress & Warehouse Co.Mississippi Supreme Court · 1895