Roots v. Tyner

Tyner and Roberts, the plaintiffs, were millers, residing at Brookville, Franklin county, Indiana, and Roots and Coe, the defendants, were commission merchants, residing at Cincinnati, Ohio, In May and June, 1851, the plaintiffs consigned to the defendants 38 barrels of flour, and in the fall of 1854, they forwarded to them 145 barrels, for sale. This action was brought to recover the value of the two consignments, alleging a special demand and refusal to account.

The defenses were, that the first lot was not received by the defendants; and, as to all, that they had fully accounted and paid…