Clay v. Spratt & Co.

• Decision Date: 22 October 1870
• Citation: 70 Ky. 334
• Parties: Clay, & c. v. Spratt & Co.
• Court: Kentucky Court of Appeals

70 Ky. 334

Clay, & c. v. Spratt & Co.

Court of Appeals of Kentucky.

October 22, 1870

APPEAL FROM JEFFERSON COURT OF COMMON PLEAS.

BARRET & ROBERTS, JAMES HARRISON, For Appellants,

CITED

Revised Statutes, section 5, Myers's Supplement.

Story on Bailments, section 509.

Story on Agency, secs. 219, 192, 239, 248, 253, 255, 217, 258, 259.

1 Metcalfe, 417, Keen v. Collins, & c.

9 Peters, 607-629, Owings v. Hull.

3 Peters, 81, Bell v. Cunningham.

2 Metcalfe, 207, Munford, & c. v. Taylor.

4 Bibb 271, Carroll v. Earley.

2 Greenleaf's Evidence, sections 66, 67.

12 Johnson, 300.

W. R THOMPSON, For Appellees.

OPINION

LINDSAY JUDGE:

T. E. Walker shipped nine hogsheads of tobacco to Louisville by Green B. Igo, who delivered them to Spratt & Co., warehousemen in said city. It is claimed and proven that Igo, on the day of their delivery, notified one of the warehouse clerks that Walker's tobacco was not to be sold, and that on the following day, when the same was about to be put upon the market, he again told some one connected with the warehouse that he had no authority from Walker to have his tobacco sold. It was sold, however, in May, 1864, for something over one thousand dollars, and the net proceeds of the sale, $978.16, delivered to Igo to be conveyed to Walker; Igo remarking at the time that he had no authority from Walker to sell his tobacco nor to receive the money arising therefrom, but that he would receive the same as an accommodation to both parties. After deducting forty-five dollars, the amount due him for freight, he deposited the balance in the Branch Bank of Kentucky at Lexington. Within a few days after the tobacco was sold Walker was in Louisville and called upon Spratt & Co. and inquired about the same. He was informed that it had been sold and the money sent to him by Igo. He was also informed as to the amount it realized. He told Spratt that it was sold contrary to his orders, and that he did not intend to sell it at all in Louisville, and that it would have brought more at his home in Madison County. He left without saying whether he approved or disapproved of the sale. Upon his return home he called upon Igo, who informed him that his money had been deposited in the bank at Lexington; and upon his expressing dissatisfaction at the manner in which he had been treated by the warehousemen, Igo remarked to him that if he was not satisfied with what had been done to give him a check on the bank for the money, and that he would draw it from the bank and send it back to Spratt & Co. He declined to do so at that time, and left, saying " he did not know what he would do about it." He claims, however, that within a day or two thereafter he wrote to Spratt & Co. that he would not ratify the sale. A short time thereafter Lexington was occupied by a body of southern cavalry commanded by General John H. Morgan, and the money deposited to his credit was forcibly taken from the bank.

In September, 1864, he brought this action in the Jefferson Court of Common Pleas, alleging a conversion of his tobacco by the warehousemen, and praying judgment against them for...