The south-western. [volume] (Shreveport, La.) 1852-1870, 1856-02-06
.srEaEsrIsa 10 PLasrERs AND FAcroRs.-

lana, rendered on the 2lst ut., in a case
!, which an abstract is appended, may be foun
to be Of some interest to large class of on
!. readers. The case was that of B. Magoffin v
i Cowan, D ykers q spaldings. Appeal from Ii
; fourth district court
Plaintiff was cotton planter and the defend
i ants his commission merchants in New Orleans
The petition alleges. in substance, that in So
+ plaintiff consigned to the defendants for sal
4 l53 balesof cotton; that the defendants, withou
plaintiff authority, contrary to his instruction
and in omission of their duty as his agents ane
factors, wrongfully delayed the sale Of his CROP
: Of 1850 an nnwarranlable length Of time ane
that in consequence their neglect Of duty ane
disregard Of hisinstruetions, lie sustained loss
of 81 cents per pound on the sale Of his cotton
for which he asks judgment, &c.
/ The claims were resisted on the following
d grounds
4 /. That defendants never violated or disre-
garded any Instructions given BY plaintiff; that,
on the contrary, the time of sale, was express
! ly referred to their discretion
2. That even if they had violated his instruc-
tons relative to the sale of his cotton still that
plaintiff had fully ratified their conductin refer
ence thereto, by consigning to them his crop of
1851 and 1859, for sale.
8. That the suit was barred BY the prescrip-
ton of one year.
The evidence in the case, touching the ques-
ton OF instructions to sell, is found in the ex-
tracts from two of plaintiffs letters to defend
ants, quoted below. The first letter was dated
Sept. 10, 1850, and contains this language:
"Gentlemen-In regard to the crop | send
you this year, you can dispose Of it when YOU
think proper. / have held up for two years,
but my impression is that the sooner sales are
effected the better; but of this you will dolas
You think best, having determined to RELY on
your Judgment in the natter
The second letter was dated December 1O, |
1880, and IS IN these words: II have drawn
on you in favor Of S. Magofin, my brother, who
VIII pass through your city on his way to Tex
as, for $4,000, which you will pay when presen-
ted, out OF the proceeds of my cotton He will
INFORM you when he will need the money, and
you can make sale to meet it by that time.
would like that you would sell all by the time
ne returns to your city, on his way home, and
send me the proceeds as heretofore This
etter was delivered to defendants on the 9th
II December, 1850, when s. Magoffin was on
lis way to Texas. He returned from Texas
bout the 28th ofJanuary, 1851 Defendants
hen informed him that they had not sold, but
we're holding on for higher prices. They, how t
yer, paid plaintiffs draft for $4,000. I
1t was held by the court:
l. That Notwithstanding the letter of Sept. 4
0, 1850, the letter of December 10, contained il
Instructions to sell, which defendants had no
lght to disregard. And that they ought to p
ave sold at farthest, by the time s. Magofin Q
eturned from Texas, and failing SO to do, they Il
re liable for the damages sustained.
2. That the subsequent consignments to de- tt
'ndants by plaintiff, of his crops of 1852, 2
as not. under the circumstances of the case, n
atifcation Of their conduct with reference to
lie crop Of 1850. B
8. That the liability Of defendants having p'
risen contract, the prescription of one year tt
ID not apply.
The judgment of the district court was in 10
vor of plaintiff for 1862, that being the diff
renee between the amount for which the cot W
n was actually sold, and the amount it would a
I'VE brought had it been sold according to
alntifs Instructions; the difference being 81 til
5. per fb.
The judgment of the district court was af- hi
med. g#T.7
AT a public meeting of the Marsden mechan- co..
S institution, at Manchester, ENGLAND, on tin
18th of December, Mr.. Bright, NJ. P, in the
urse of speech, deprecating the war, said: ba
MANY of you have friends or relatives in rer
nerlea. That young nation has a population VIII
out equal to ours in these islands. 1t has a 4
Eat internal and external commerce. 1t has mil
IRE tonnage in shipping than we have It fro
more railroads than we have. 1t has more Ger
vspapers than we have. It has institutions cat
re free than we have the slavery of the south fro
,epted, and which is no fruit of its institu-
rs, but an unhappy legacy ofthe past; it has to
0 great manufacturing interest in different Mo
inches. That is the young giant whose sha- tior
v ever grows, and there is the true rival of lad
his country. How do we stand or start in for
race? The United States government in !
ding all the governments of all the sovereign sia
ties, raises in taxes probably from f12, OO0,- two
to E15,o0O, 900 sterling in the year. Eng {
this year will raise in taxes and loans and the
will expend nearly 100000, 900. This deli
uIatlon must raise and will spend probably life
o,Ooo,oOO within this year more than that was
! population will raise and spend, and in. que
erlca there is far less paupersm than in
gland. Can we run this race on these terms con
against these odds? Can we hope to be as mu.
OF as America if the products of our in nor
try are thus swept away By the tax gather to
ind in the vain scheme of saving Europe Z
n imaginary dangers? Can poverty be les MOI
ed among US, can education spread, can the I
tality of SO many of our population be up thai
ed, can all or any thing that good men look of Il
come to us, while the fruits Of our industry, and
foundation of all social and moral good, are sion
in this way? Pursue the phantom of recc
tary glory for ten years and expend in that in f;
, sum equal to all the visible property in v
cashire and Yorkshire, and then compare of il
rself with the United States of America, and usu,
re will you be? Pauperisn,, crime and po- T
al anarchy are the legacies we are prepar- did
for our children, and there is no escape for
nless We change our course and resolve to P
onnect ourselves from the policy which tends AFT
mbroil us with the nations of the continent mes
Europe. 1* ~ 24tf
-~ :, -, fairs
HE WAR PAN1c.-The Washington CORE =
ldent Of the New York Journal of Com smell
ce says: s4z. The
he war panic is all over The government of
VOWS any hostile acts or acts that tend tn ties