¶1A re-hearirig was granted to the plaintiffs, who *402were anxious to obtain a judgment against the defendants, that the case should be remanded to the District Court, or one of non-suit only. After a new and laborious investigation of the arguments theretofore adduced, the application for a re-hearing, and the written arguments thereto added, we have risen from the examination of the law and facts of this case, with the impression that our former judgment should not be disturbed, but carried into execution.
9 Rob. 401
Palmer v. Smith
Decided January 15, 1845
Supreme Court of Louisiana · decided 1845-01-15
The defendants were bound, as consignees, to retain the goods until a bilí of lading, or order was presented for them. 3 La. 229-30. Ostrander v. Brown» 15 Johns. 39. Magill v. Potter, 2 Johns. Cases, 371. Chickening v. Fowler, 4 Pickering, 371. The defendants having misdelivered the goods, and plaintiffs having been forced to pay for them, the foi-mer are bound to indemnify the latter. Civil Code» 2971, 2972. Story, Agency, 190,210, § 201 and 217. 8. Taunton202.
Decided 1845-01-15