Singleton's Ad'r v. Kennedy, Smith & Co.

Juooe Breck

delivered the opinion of the Ooutl — Chief Justice Marshall did not sit in tliis ease.

This was an action on the case* brought by Kennedy,. Smith & Co., against Lewis Singleton, for an alleged fraud in the sale of a lot of cotton bagging. Two'trials were had. On the first there was a verdict for the plaintiffs for $632 76. On the second, a new trial having been granted at the instance of the defendant, a verdict and judgment were rendered for the plaintiffs for $857 14, and to reverse that judgment, the administrator of Singleton has brought the case to this Court.

It is contended…