3 Watts 65 | Pa. | 1834
The opinion of the Court was delivered by
This was a suit to recover the value of fifty barrels of flour from the defendants, who were joint owners of the steamboat Lark. The flour was shipped at Wellsburgh, to be carried to Louisville, where it was sold by the captain of the boat, who was one of the joint owners. The evidence is by no means clear as to the real nature of the transaction. Whether it was a sale to Kauntz, or a shipment on freight to Louisville, with power to the captain to sell,
Judgment reversed, and a venire de novo awarded.