Thompson v. Gwyn

Citations

• 46 Miss. 522

Syllabus

<p>1. WHARFINGER — LIABILITY FOB INJURY RESULTING FROM MISTAKE IN FOB-WARDING GOODS RECEIVED BY HIM TO BE HELD FOB FUTURE ORDER. —A wharf-inger who is a receiving and forwarding merchant, and who received cotton, to be shipped as thereafter directed, but by mistake forwarded the cotton to New Orleans for account of other parties than the owner (and it was sold by the consignees at fifteen and a half cents per pound, and the proceeds paid over to those for whose account it was consigned, and by them paid over to the owners, but not accepted in full discharge of their claim against the wharfinger) is liable to the owners for the injury sustained in placingthe cotton beyond their power to control it by instructions to hold it for a higher price.</p> <p>2. Same — same — evidence admissible to show advance of price of articles improperly forwarded. —In such case evidence that plaintiffs had instructed their merchants to hold their cotton for higher prices, and that they did hold other cotton of theirs until May, 1868, which was sold at from thirty to thirty-three cents per pound, and of the average price of plaintiff’s cotton sold from the middle of December, 1866, to May, 1867 (which covered the time from soon after the delivery of. the cotton in controversy to the time when the other cotton of plaintiffs was sold) was competent, and should have been admitted. It was held to be error to restrict plaintiffs to proof of the value of cotton at the time the wharfinger made the mistake and shipped the cotton contrary to orders.</p>