Munro v. Moody & Fry

Hall, Justice.

Moody & Fry sued Munro, as surviving partner of Munro, Clary & Co., to recover the value of a raft of timber which the plaintiffs alleged belonged to them, and which they had sold to the defendants, to be paid for when it should be delivered at Apalachicola. The defendants also had other timber, which they had themselves cut and prepared from the forest, and which they contended formed this raft. The issue submitted was as to the identity of this timber; and upon that point the evidence was conflicting. The jury found that it was the plaintiffs’ timber, and a motion was made for…