Tate v. Laforest & Desmare

The plaintiff sues to recover $2754 83, the net proceeds of cotton shipped by them to the defendants, as factors and commission merchants.

The defendants admit the correctness of the debt, but they claim that they have been discharged from the obligation to pay it by proceedings in insolvency.

On behalf of the plaintiff it is contended that the proceedings, as to the plaintiff, are null and void for want of citation, and that the debt was created in a fiduciary capacity, and that the insolvents were not released from such a debt.

The evidence satisfies us that Laforest & Desmare' received the…