Molony Bros. v. Rugeley, Blair & Co.

The plaintiffs alleged that on the twentieth March, 1858, they bought from defendants about 33,000 sacks of salt, represented by defendants as stored at the Brooklyn Warehouse, in Algiers, and as being the cargoes of the ships Sjparlc of the Ocean, Bamberg, Simoda and Courier. They averred that 11,880 sacks of this salt were not in the warehouse at the time of sale, and were never delivered to plain- ■ tiffs, and therefore claim to recover back the price paid for this amount, the insurance paid by them, and damages for non-delivery.

The defendants answered, admitting the sale, and averring…