This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1849. Excerpt: ... Charleston, any subsequent conversion by the
defendants. This, howJan. 1849. eyer was not pretend for if such
had been the case, that y 'is, if the corn had actually been
delivered to the plaintiff, v there was no reason to suppose that
the present or any such Mills & Co. action would have been
brought, or have been necessary.--But it was urged that there was a
constructive delivery of the corn by operation of law; that the
order of defendants in favor of plaintiff, directed to the Rail
Road Agent, transferred the possession of the 625 bags of corn to
him upon their arrival, and that the present action of trover could
be well sustained against the defendants for subsequently taking
and carrying the corn away, and converting it to their own use. But
upon this part of the case, the jury were instructed that the
obstacles to the plaintiff's recovery, interposed by the law, were
in no way diminished. Giving to the order of delivery, in this
case, all the force assumed for such orders in the testimony of Mr.
Pringle, the custom of merchants, or the decided cases, it appeared
that such orders could only have the effect claimed for them, where
the goods sold are clearly designated or specifically pointed out,
and capable of actual delivery, so that the purchaser may (if not
prevented) lay his hands upon the very articles sold, and say these
are mine. When the order in this case was given, it was clear the
corn, belonging to the defendants, had not arrived; it was
deliverable at the Rail Road. The order was for 625 bags of corn;
for an indeterminate and uncertain quantity. Suppose the
defendants's corn had come in four bushel bags, would the plaintiff
have been entitled to demand and receive them? If (as was the fact)
the corn came in parcels, at different times...
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