Smith v. Ladrie

The plaintiff furnished the defendant with flour for use in his bakery business under a consignment contract by the terms of which title to the flour remained in the plaintiff, and the defendant was required to pay for it before he used it.' The defendant used 18 barrels of this flour without paying for it. Shortly after, he went into bankruptcy, scheduled this claim as a liability, and in due course was discharged. The plaintiff did not prove his claim or take any part in the bankruptcy proceedings. He brought this tort action in the form of trover, and the defendant answered his discharge…