Furlow v. Gillian

This is an action brought by defendants in error, against plaintiff in error, on a merchant’s account for *251$111 99. ' Plaintiff in error pleads in reconvention a sale of thirty-eight bales of cotton. To this defendants in error reply that the cotton was placed in their hands, not under a sale, but to be shipped for plaintiff in error, and that before it could be shipped it was consumed by fire in the ware-house where it was deposited by plaintiff in error, without any fault of theirs.

The account of defendants in error being admitted, the only question in the case is, Did the defendants in…