Jordan, Ellis & Co. v. James
Ohio Supreme Court
This cause was adjourned here for decision from the county of Hamilton. It was an action of replevin for taking and detaining ■ one hundred and seventy-five bales of sheetings and eighty-three bales of shirtings. The following pleas were filed to the declaration: 1. Not guilty; 2. Non ceperunt; 3. Avowry property in John. -Clark and Charles Bradley. On all these pleas issue is joined.
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This cause was adjourned here for decision from the county of Hamilton. It was an action of replevin for taking and detaining ■ one hundred and seventy-five bales of sheetings and eighty-three bales of shirtings. The following pleas were filed to the declaration: 1. Not guilty; 2. Non ceperunt; 3. Avowry property in John. -Clark and Charles Bradley. On all these pleas issue is joined. The fifth avowal sets forth that the property in the goods was in Le Baron Putnam, by whom it was consigned to Caleb D. Jordan, at New Orleans, to be by him forwarded to the plaintiffs, as the commission…
1Opinion of the Court
Opinion of the court, by
Judge Wright:
On the trial of this cause, the following case was clearly made-out, in the mass of documentary and oral evidence given to the jury. In January, 1829, Jordan, one of the plaintiffs, commission merchant in Cincinnati, being in Boston, solicited of one L. Putnam, the purchase and consignment to his house, for sale, on commission, a quantity of domestic cottons, when it was agreed, that Jordan should select and ^purchase the goods in the name of L. Putnam, to be shipped to Jordan, Ellis & Co., to be sold on the joint account of the said L. Putnam, and his…
2Cases cited12 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Woodbeck v. KellerNew York Supreme Court · 1826
- Clemson v. DavidsonSupreme Court of Pennsylvania · 1813
- Smith v. HicksNew York Supreme Court · 1830
- Ackley v. KelloggNew York Supreme Court · 1828
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3Cited by2 opinions
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- Sharp v. CampbellWest Virginia Supreme Court · 1921