Assumpsit. New trial granted. By Judge Gibson.' Richmond Superior Oourt. June Term, 1868.

Benj. F. Simms averred that said Company was a corporation, and a common-carrier from New Orleans, Louisiana, to Richmond, Virginia, and, as such, >on .the 18th of February, 1862, received from him, at New Orleans, to be delivered to R. H. Hunton, at Richmond, Virginia, ten bales of wool, worth $10,000, and undertook, and promised to deliver the same to him, but failed to do so, etc.

It was shown by plaintiff that, at said time, he, in person, did deliver said wool, 5,182 pounds, to defendant, as charged; that it was marked to R. H. Hunton, Richmond, Virgihia; that the defendant.undertook to deliver it to him at Richmond). (that he took a receipt for it but had lost it;) that it was then worth fifty cents per pound, and at the trial, was worth from thirty-seven and a half to forty cents per pound, in United States, currency. And plaintiff testified that it never reached Richmond. The plaintiff having closed, defendant showed, by interrogatories of Jno. B. Hunton, (the date of which does not appear,) that he is a brother to said consignee, who is blind and helpless, and had not been capable of doing any business, by reason of impaired mind, for twelve months before the answers were taken; that in March, 1862, he and this consignee were connected in the manufacture of woolen goods; that he knew of no shipments of wool from plaintiff to said witness’ factory, in February or March, 1862; that R. H. Hunton sold some wool to Crenshaw & Co., who were manufacturers of woolen goods, how much witness did not know, (nor did he give the date of said sale); that R. H. Hunton was in New Orleans in 1861 and 1862, and was to buy wool, all he could, for their factory, free of commissions.

A member of the firm of Crenshaw & Co. testified, that sometime after the 1st of March, in 1862, at Richmond, he bought eight bales of wool, (eight, he thought); he did not know who was the consignee, nor who sold it to him, but he knew that it was not an employee or agent of defendant; he bought it from a stranger, either at the Southern Express Company’s office or at witness’ own office; he saw them at the defendant’s office; he thought he never received any wool from said consignee, unless that was from him.

…

Citation profile

How this case has been treated — in progress