Hawkins v. Beer

The Opinion of the Court was delivered by

Manning, J.

On April 29, 1882, Forestier the intervenor contracted with the defendant Beer for the purchase of three hundred and fifty bales of cotton of a stipulated grade, and paid him cash down fifteen thousand dollars as an advauce on the price and on May 1st following fifty two hundred dollars additional. On May 2d. the plaintiffs sold to Beer three hundred and thirty eight bales for cash payable on delivery, and gave Beer’s broker on same day an order on the Press for its delivery, and the broker transferred this delivery-order at once to For*54estier…