Fowler v. Cooper
Supreme Court of Louisiana
APPEAL EROM THE COURT OP THE PIRST DISTRICT. The plaintiff and the defendants were commission merchants, and had stored at the same ware-house, a quantity of cotton, which had been consigned to them for sale. When the defendants demanded theirs, part was found to be missing, and twenty-one bales of the plaintiff’s delivered to them, in lieu of so many missing bales.
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APPEAL EROM THE COURT OP THE PIRST DISTRICT. The plaintiff and the defendants were commission merchants, and had stored at the same ware-house, a quantity of cotton, which had been consigned to them for sale. When the defendants demanded theirs, part was found to be missing, and twenty-one bales of the plaintiff’s delivered to them, in lieu of so many missing bales. From the evidence it appeared, that the defendants did not believe the cotton to be theirs, but were told by the owner of the ware-house, that if it was not theirs, he did not know to whom it belonged, and that they must take it…
1Opinion of the CourtMathews, J.
In this case, the plaintiff claims from the defendants, the value of twenty-one bales of cotton, which he estimates at eight hundred and twelve dollars, alleging that they were his property, and that said defendants took possession of them without his knowledge or consent. He obtained judgment in the court below, from which the defendants appealed.
It appears by the evidence of the case, that the cotton now in dispute was consigned to the plaintiff, as a commission merchant, to be sold on account of the owner, and that through the mistakes of the person with whom it was stored, it was…
2Cited by5 opinions
- Standard Motor Car Co. v. State Farm Mut. Auto. Ins. Co.Louisiana Court of Appeal · 1957
- Pierson v. Metropolitan BankSupreme Court of Louisiana · 1901
- Douglas v. HaroLouisiana Court of Appeal · 1947
- Cargill, Inc. v. Great American Insurance Co.Louisiana Court of Appeal · 1960
- Klein v. AndersonLouisiana Court of Appeal · 1907