West v. John W. Wheatley & Co.

Bleckley, Judge.

The suit was for the proceeds of one hundred and fifty bales of cotton; and, in the progress of the trial, the whole controversy was boiled down to a single question, which was whether the plaintiff had authorized the defendants to apply eighteen of the bales to an account which the plaintiff’s brother owed to the defendants. There was no evidence in writing, nor any other, except the testimony of the parties themselves. This appeared to be in' direct conflict — the plaintiff denying that any authority was given, and the two defendants affirming that it was given. Each wituess…