A. C. Wyly & Co. v. Burnett
Supreme Court of Georgia
Commission merchants. Bailment. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. Burnett & Bixey sought to make A. C. Wyly & Company, commission merchants, liable for certain snuff sent to them for sale in 1863 and 1864. The evidence showed that they received the snuff and sold part of it, that they stored the balance, and it was taken by Confederate cavalrymen, in a body too large to be resisted.
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Commission merchants. Bailment. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. Burnett & Bixey sought to make A. C. Wyly & Company, commission merchants, liable for certain snuff sent to them for sale in 1863 and 1864. The evidence showed that they received the snuff and sold part of it, that they stored the balance, and it was taken by Confederate cavalrymen, in a body too large to be resisted. Plaintiff denied their right to make this showing, and claimed that the facts showed neglect in them, by which this loss occurred, for which they should respond. It was shown that A.…
1Opinion of the Court
Warner, Judge.
This was an action brought by the plaintiffs against the defendants, as commission merchants, to recover the value of several hundred pounds of Scotch Maccaboy snuff, consigned to the defendants for sale during the years 1863 and 1864, and which was sold by them for Confederate money. It appears from the evidence in the record, that the defendants did not keep the money received by them for the snuff, separate and apart from their own money, but used it themselves, though they always had and kept on hand enough to pay all outstanding demands against the firm, and when the war…
2Cited by4 opinions
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