Legal Opinion

Beal v. M'Kiernan

Supreme Court of Louisiana

Decided April 15, 1834PublishedCited by 8 opinions

APPEAL PROM THE COURT POR THE PARISH AND CITY OP NEW-ORLEANS. The plaintiff claimed of the defendant the sum of three thousand eight hundred and nine dollars and eighty-fivé cents, the amount of loss on a shipment of cotton.

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APPEAL PROM THE COURT POR THE PARISH AND CITY OP NEW-ORLEANS. The plaintiff claimed of the defendant the sum of three thousand eight hundred and nine dollars and eighty-fivé cents, the amount of loss on a shipment of cotton. The plaintiff alleges that on the 6th June, 1831, B. M‘Kiernan, acting for himself and John M‘Kinley, doing business in commerce, as partners, requested the plaintiff by writing, to purchase for them five hundred bales of cotton, of such quality, and at such prices as he might think best for their interest, and to ship the same to Liverpool; the plaintiff being requested…

1Opinion of the CourtMartin, J.

The defendant and appellant has placed this case before us, principally on a bill of exceptions to the refusal of the first judge to instruct the jury, that a commission merchant having an order to purchase cotton, cannot apply thereto *415cotton of his own, nor that of another consigned to him for sale, although he does so through the interference of a broker. Instead of which instruction, the judge told the jury, that by our law, as it now stands, all persons may buy and sell, except those who are prohibited by law. Louisiana Code, 2420 et seq. That no law in this state forbids an agent charged…

2Cited by8 opinions

  1. Bienvenu v. AngelleSupreme Court of Louisiana · 1969
  2. Treadaway v. PiazzaLouisiana Court of Appeal · 1963
  3. Brice v. WatkinsSupreme Court of Louisiana · 1878
  4. McCluskey v. WebbSupreme Court of Louisiana · 1843
  5. Bienvenu v. AngelleSupreme Court of Louisiana · 1969

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