82 Ga. 219 | Ga. | 1888
It appears, from the record in this case, that Darden raised twelve bales of cotton on his farm, which he carried to Milner and stored in the “ Empire Warehouse.” He then turned it over to English, a merchant and cotton buyer of Milner, with the understanding and agreement between him and English, that English was to ship it in his own name to a commission merchant in Atlanta. He agreed to this because he thought English could get a better price for it if shipped in English’s name. English accordingly shipped the cotton in his own name to the plaintiffs in error, taking the bill of lading in his own name and sending a duplicate thereof to the plaintiffs in error. English was indebted to the plaintiffs in error at the time the cotton was shipped to them. When they received the cotton, they sent English, at his request, $1,000 more, with which to purchase other cotton to he shipped to them. They sold Darden’s twelve bales of cotton, and accounted to English for the sale thereof. English subsequently failed, by reason of his storehouse and goods having been consumed by fire. The plaintiff's in error, in these transactions, knew nothing of Darden, had never heard of him or that this cotton belonged to him, and dealt only with English. Darden brought this action against the plaintiffs in error for the proceeds of the cotton, and the jury returned a verdict in his favor for the same. The plaintiffs in error moved for a new trial upon several grounds; the motion was overruled, and they excepted.
The verdict, therefore,wascontrary to the evidence. It is unnecessary to discuss the other grounds of the motion for a new trial.
Judgment reversed.