Love v. Davis

GOLDTHWAITE, J. —

The appellants were factors for receiving and forwarding cotton at Whitesburg, on the Tennessee river, and received of the appellee nine bags of cotton, for which they gave the following receipt:

“ W. D. — Ño. 1, 455 ; 2, 450 ; 3, 460 ; 4, 394 ; 5, 492 ; 6, 518 ; 1, 400 ; 8, 421; 9, 413 — 40091b. Whitesburg, 12 Apl., 1851. Received of W. Davis nine bales cotton, marked as above, in first rate order.

(Signed) J. C. Love & Co.”

They shipped this cotton, without any orders from Davis, to Bradley, Wilson & Co., commission merchants at New Orleans, by whom it was sold, and the…