Kennedy v. Gibbs

This was an action of assumpsit, brought by Gibbs & Co. against Kennedy & Sons, in September, 1852. It appeared in evidence, that the plaintiffs were forwarding and commission merchants at Chicago; and that in May, 1852, they received by consignment a lot of goods for the defendants, on which they paid freight amounting to $182.10. They charged the defendants $5.79 for receiving and checking the goods; and also $4.70 for commissions on the amount advanced for freight. It was proved that the charges and commissions were customary and reasonable. The action was brought to recover the foregoing…