Chaffe v. Mississippi & Tennessee Railroad
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. The appellants, commission merchants in New Orleans, La., agreed with S'. Barbee, a store-keeper in Mississippi, that they would advance him money at a specified interest and commissions during the year 1880, and that he should ship them cotton, which was to be sold by them for his account and the proceeds applied to its payment.
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Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. The appellants, commission merchants in New Orleans, La., agreed with S'. Barbee, a store-keeper in Mississippi, that they would advance him money at a specified interest and commissions during the year 1880, and that he should ship them cotton, which was to be sold by them for his account and the proceeds applied to its payment. Advances were made and cotton shipped accordingly, and, on Jan. 31, 1881, he owed them one hundred dollars. On that day he delivered to the appellee’s agent the two bales of cotton in…
1Opinion of the CourtChalmers, C. J.
It is quite generally agreed that where the seller of goods delivers them to a common carrier to be transported to the purchaser, the goods are considered as delivered to the purchaser in the absence of exceptional circumstances showing a contrary intention. Whether the same rule obtains where goods are forwarded through a common carrier by a principal to his factor for sale, and for the purpose of liquidating an existing indebtedness, is a question on which the authorities are divided. It was held in the case of Bonner v. Marsh, 10 S. & M. 376, that even where a bill of lading had been made…
2Cases cited1 opinion
- Dickman v. WilliamsMississippi Supreme Court · 1874
3Cited by2 opinions
- Bank v. Hill, Fontaine & Co.Tennessee Supreme Court · 1897
- Hernandez v. AaronMississippi Supreme Court · 1895