Flower v. Downs

The judgment of the Court .was pronounced by

Rost J.

The plaintiff sues on a factor’s account, for advances made during the years 1838 and 1839, and claims interest on those advances, at the rate of ten per cent per annum.

The defendant, beside pleading the general issue, has made the following averments : That the cotton seed charged in the account was- worthless, and did not come up, in consequence of which, he sustained $1000 damages. That the eighty-two bales of cotton, also mentioned thei'ein, were shipped to the plaintiff by the defendant, in January, 1839 ; that it was of the best…