Owsley v. Cobin
U.S. Circuit Court for the District of South Carolina
Complaint, filed 30th day of March, 1876, sets out that plaintiffs [Owsley & Co.], citizens of Kentucky, sent to defendants [Henry Cobin & Co.], citizens of South Carolina, on 1st February, 1876, certain goods for sale on commission. That defendants sold the same, and rendered an account of sales, showing net sales due plaintiffs one thousand two hundred and forty-seven dollars and thirty-four cents, which they had failed to pay.
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Complaint, filed 30th day of March, 1876, sets out that plaintiffs [Owsley & Co.], citizens of Kentucky, sent to defendants [Henry Cobin & Co.], citizens of South Carolina, on 1st February, 1876, certain goods for sale on commission. That defendants sold the same, and rendered an account of sales, showing net sales due plaintiffs one thousand two hundred and forty-seven dollars and thirty-four cents, which they had failed to pay. Answer filed 22d July, 1S76, admits the sales. Admits that defendants, who were in the wholesale grocery business, did receive and sell these goods on commission and…
1Opinion of the Court
WAITE, Circuit Justice.
This cause was heard on a motion for new trial. The cause of action was for the value of goods consigned by the plaintiffs to the defendants, who were commission merchants, to be sold on plaintiffs’ account and remittance made at thirty days after the sales. The ground of defence considered by the court was that defendants having taken advantage of the bankrupt act [of 1S57 (14 Stat. 517)] the debt due to the *930plaintiffs was barred thereby, and no recovery could be had.
The court concurs in the reasoning of the decisions submitted on behalf of the defendants, and is of…
2Cited by4 opinions
- In re BaschDistrict Court, S.D. New York · 1899
- Woodward v. TowneMassachusetts Supreme Judicial Court · 1879
- Gibson v. GormanSupreme Court of New Jersey · 1882
- Zeperink v. CardDistrict Court, E.D. Missouri · 1882