Dennistoun v. Stewart (59 U.S. 565)

The case was before the court at the preceding term, and is reported in 17 How. 606.

The certificate of division commenced as follows, namely:-- Certificate of Division of Opinion.

CIRCUIT COURT OF THE U.S., Southern Dist. of Ala.

A. DENNISTOUN AND CO.   }

v. }

JAMES REID AND CO. }

Upon the trial of this cause in the circuit court aforesaid, the defendant, among other defences to the case of the plaintiffs, insisted that the plaintiffs had surrendered, to one Byrne, a bill of lading for ten hundred and fifty-eight bales of cotton on The Windsor Castle, whereby the said Byrne was enabled to dispose of the said cotton, and apply the proceeds otherwise than for the payment of the bill upon which this suit was brought, against the rights and interests of the said defendant, whereby he was injured to the whole amount of the bill. And upon the point of this defence the depositions of Joseph Bramwell, Robert Barrett, Robert Winthrop, A. E. Byrne, Orlando Jones, Andrew Stewart, Charles Livingston, Moses Joynson, T. D. Anderson, and Wm. Moreland, which are hereunto attached, were read to the jury, and formed the testimony relied on by the parties in reference to such defence. And upon the instructions proper to be given to the jury upon the said defence, the following questions arose, and upon which the members of the court were opposed and divided in opinion:--

(Then followed the questions as they are stated in the opinion of the court.)

The case was argued by Mr. Phillips, for the plaintiffs, and submitted on a printed argument by Mr. Stewart, for himself.

Mr. Justice DANIEL delivered the opinion of the court.