Hall v. Cordell

The facts fully appear in the following statement by Mr. Justice HARLAN:

This is an action of assumpsit. It is based upon an alleged verbal agreement made on or about April 1, 1886, at Marshall, Mo., between the defendants in error, plaintiffs below, doing business at that place as bankers, under the name of Cordell & Dunnica, and the plaintiffs in error, doing business at the Union Stock-Yards, Chicago, Ill., under the name of Hall Bros. & Co. There was a verdict and judgment in favor of the plaintiffs for $5,785.79.

The alleged agreement was, in substance, that Hall Bros. & Co. would accept and pay, or pay on presentation, all drafts made upon them by one George Farlow, in favor of Cordell & Dunnica, for the cost of any live-stock bought by Farlow and shipped by him from Missouri to Hall Bros. & Co. at the Union Stock-Yards at Chicago.

There was proof before the jury tending to show that, on or about July 13, 1886, Farlow shipped from Missouri 9 car-loads of cattle and 1 car-load of hogs, consigned to Hall Bros. & Co. at the Union Stock-Yards, Chicago; that such cattle and hogs were received by the consignees, and by them were sold for account of Farlow; that, out of the proceeds, they retained the amount of the freight on the shipment, the expenses of feeding the stock on the way and at the stock-yards, the charges at the yards and of the persons who came to Chicago with the stock, the commissions of the consignees on the sale, the amount Farlow owed them for moneys paid on other drafts over and above the het proceeds of live-stock received and sold for him on the market, and $2,000 due from Farlow to Hall Bros. & Co. on certain past-due promissory notes given for money loaned to him; that, at the time of the above shipment, Farlow, at Marshall, Mo., the place of agreement, made his draft, of date July 13, 1886, upon Hall Bros. & Co., at the Union Stock-Yards, Chicago, in favor of Cordell & Dunnica, for $11,274, the draft stating that it was for the 9 car-loads of cattle and 1 car-load of hogs; that this draft was discounted by cordell & Dunnica, and the proceeds placed to Farlow's credit on their books; that the proceeds were paid out by the plaintiffs on his checks in favor of the parties from whom he purchased the stock mentioned in the draft, and for the expenses incurred in the shipment; that the draft covered only the cost of the stock to Farlow; that, upon its presentation to Hall Bros. & Co., they refused to pay it, and the same was protested for non-payment; and that subsequently Cordell & Dunnica received from Hall Bros. & Co. only the sum of $5,936.55, the balance of the proceeds of the sale of the above cattle and hogs, consigned to them as stated, after deducting the amounts retained by the consignees out of such proceeds on the several accounts above mentioned.

J. A. Sleeper, for plaintiff in error.

Ashley M. Gould, for defendant in error.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.