Unger v. Abbott
Mississippi Supreme Court
Prom the circuit court of Clay county. Hon. J. T. Dunn, Judge. Abbott, appellee, was plaintiff in the court below; Unger and another, appellants, partners doing business under the name Unger & Company, were defendants there. The action was replevin for two bales of cotton. Prom a judgment in plaintiff’s favor the defendants appealed to the supreme court. The facts are stated in the opinion of the court.
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Prom the circuit court of Clay county. Hon. J. T. Dunn, Judge. Abbott, appellee, was plaintiff in the court below; Unger and another, appellants, partners doing business under the name Unger & Company, were defendants there. The action was replevin for two bales of cotton. Prom a judgment in plaintiff’s favor the defendants appealed to the supreme court. The facts are stated in the opinion of the court. The rapidly expanding and multiplying conditions and necessities of modem commerce make the contention of appellants and all such purchasers in considerable cotton marts a virtual necessity.…
1Opinion of the CourtOaxhoon, J.
Appellee sent his cotton to town by a negro laborer, with instructions to haul it to the compress, have it weighed, and bring the slips (receipts) and samples home. The negro did carry it to the compress, but put it there as his own, got the slips and samples, and the warehouse receipt, and took it to appellants, Unger & Co., to whom he sold it, and then immediately left for parts unknown. Abbott brought replevin for the cotton and recovered, and Unger & Co. appeal.
It was Abbott’s cotton, and, we think, necessarily remained his until he or some authorized agent disposed of it. This, we think,…
2Cited by3 opinions
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