Fenner v. . Tucker

At the close of plaintiffs’ evidence the defendant in the court below made a motion for judgment as in case of nonsuit. C. S., 567. The motion was allowed and in this we see no error.

The action is to recover for moneys claimed to have been paid out and advanced by plaintiffs to defendant’s intestate, as broker or agent, in the purchase of cotton for future delivery upon the New York Cotton Exchange. The defendant in her answer set up as a defense: “That said cotton so agreed to be purchased, or sold and delivered, was not actually delivered at the time of making said agreements to purchase,…