Peterkin v. Martin

The opinion of the court was delivered by

Seencer, J.

This case has been argued before us concurrently with that of “ Peterkin vs. Oglesby & Co., and Higby,” just decided, upon the *895suggestion that they involved substantially the same questions. But, as will be seen in the opinion in that case, we held that the plaintiff had failed to prove satisfactorily that the corn bought of Oglesby was, in fact, at the time of its weighing and delivery unsound.

In the present ease, however, it is shown that, at least, that part of the Martin corn which constituted the last put aboard the vessel was, at its…