Moffatt v. Green

This was an action of trover for a lot of cross-ties. Green was the plaintiff below, and Moffatt the defendant. There was a verdict for the plaintiff; and over a motion for a new trial, he obtained judgment.

The material facts proved on the trial are as follows: In January, 1851, Andrew J. Christy agreed to deliver to the plaintiff six thousand cross-ties, upon the Madison and Indianapolis Railroad, to be paid for as delivered, at the rate of 15 cents for each tie. One Barr was to count the ties. Christy had purchased the timber out of which to make the cross-ties, of the defendant. Under his…