Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-11-20
EPIzooTIc HONESTY.
COTTON
An Account OF an interesting Case in
the Circuit COurt of the United
States, District of Massacbu-
sets, November Sd.

Tbs appended report Of the interesting
cotton suit of the Merchants National
Bank of Memphis IS. the National Bank
of Commerce, of Boston, is taken from
Il e Boston Globe Of the eleventh in
slant: "The facts Of this case are sub
stantially as follows: James H. Null
ford, Memphis, Tennessee, June 2, 1870,
sent to Boston, by the Great Western
Dispatch, M hundred and fourteen
bales of cotton marked &c. A. IT, over
an. and worth about thirteen thou
sand dollars, taking the usual receipt or
bill of lading therefor, the cotton to be
delivered to whom he should afterward
order. He drew a bill of exchange on
Green & Travis, of Boston, directing
them, thirty days from date, tOpay him
self or his order, twelve thousand one
hundred and seven dollars and thirty
six cents, and charge the same to ac-
count Of &c. A. I. over N. ia BIC
Bill lading attached He attached
the bill of lading thereto, as col
lateral, Endorsed both and de-
livered them to the plaintiff bank
"for a valuable consideration whereby
the plaintiffs became the owners there
Off The plaintiff bank sent the bill Of
exchange with bill of lading annexed
for collection to the Metropolitan Ma
tional Bank of New York, which bank
sent the same for collection to the de-
PENDANT bank, which bank the plaintiffs
say undertook and promised the plain
tiffs to collect the same and to retain
in their hands and possession said
bill of lading. and not deliver the
same to said Green q Travis till said
bill of exchange should be fully
paid.n Green & Travis accepted the
Dill of exchange in the usual form. The
plaintiffs charge that the defendants,
without any authority therefor, detached
the bill of lading from the bill of ex-
change, and delivered the bill Of lading
TO Green q Travis, which delivery was
a delivery Of the cotton, and Green &
Travis converted the cotton to their own
Use without ever paying the bill of ex-
change. In a second count in the de-
claratiOn, the plaintiffs allege that Green
& Travis were then insOlvent and worth
less, and that defendants knew it.
The defendants contend that if the
cotton was ever sent as alleged, it was
actually purchased by Green & Travis,
that at the time of the alleged detach-
ment Of the bill of lading, the title had
passed, and it was their duty to deliver
the same. Another count involves a
like issue on eighty-nine bales sent by
Milford, June :, 1870, worth about ten
thousand dollars; the bill of exchange
being for eight thousand and two
dollars. Another count involves the
same question, except the lot was
n hundred and three bales, time
June "A, 1870, the value about
eleven thousand dollars, the draft
for ten thousand six hundred and seven
ty-three dollars and t~wenty-fOur cents,
and the consignOr, instead Of Milford,
one G.. W. Anderson, of Memphis. The
trial will doubtless occupy another day,
as probably the testimony Of experts
will be called in to establish the custom
Of the trade. Sweetzer and Gardner for
plaintiff; Hutchins and Wheeler for de-
PENDANTS.