Barrow v. Reab
50 U.S. 366 (1850)

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U.S. Supreme Court

Barrow v. Reab, 50 U.S. 9 How. 366 366 (1850)

Barrow v. Reab

50 U.S. (9 How.) 366

Syllabus

No exception can be taken in this Court which was not moved below, or which does not appear in some way on the record below.

Formerly the laws of Louisiana did not allow interest on accounts or unliquidated claims, but now it is due from the time the debtor is put in default for the payment of the principal.

Reab was a citizen of Connecticut, and Barrow of Louisiana.

The facts in the case appeared by the record to be these.

On 5 February, 1845, Reab purchased at New Orleans from J. R. Conner, alleged to be the lawfully authorized agent of Barrow, 35,000 gallons of molasses at the rate of twelve and a half cents per gallon, to be delivered at Field's Mills on the Bayou Lafourche, said molasses being represented as the crops of two plantations owned by Barrow, one being called the Myrtle Grove Plantation and the other being called the Home Plantation or Home Place. At the time of purchase, Reab paid to Conner for Barrow five hundred dollars.

Conner gave an order upon Barrow for the molasses, to be delivered to Reab or order, who sent a William Patton for it. The overseer wrote upon the face of the order in pencil, "The molasses has all been shipped from Myrtle Grove and the Residence."

On 20 March, 1845, Reab brought an action in the circuit court against Barrow, claiming, for expenses of sending a vessel &c., and for the rise in the price of molasses, the sum of $3,755.07.

On 22 April, 1845, Barrow answered the petition by

Page 50 U. S. 367

a general denial, and by denying specially that Conner was his agent.

In March, 1847, the cause came up for trial, when the jury found a verdict for the plaintiff for $3,000, with interest. Whereupon the court entered judgment against Barrow for the sum of three thousand dollars, with interest thereon at the rate of five percent per annum from judicial demand, 29 March, 1845, till paid; and the costs of suit.

In the course of the trial, the following bill of exceptions was taken.

"Be it remembered that on the trial of this cause, to-wit on 9 March, 1847, the plaintiff offered in evidence, attached to the deposition of William C. Patton, a written instrument in the words following:"

" Mr. R. Barrow, or manager, will deliver to Mr. Josiah Reab or order the molasses on Myrtle Grove, as well as the production of the Home Place, or Residence, said molasses to be delivered in casks, to be furnished by the purchaser at Field's Mills, and oblige &c."

"J. R. CONNER"

"Upon which was this endorsement:"

" Deliver to Mr. William Patton. JOSIAH REAB"

"Written on the face, by overseer of the defendant, in pencil:"

" The molasses has all been shipped from Myrtle Grove and the Residence."

"N. L. F. MUNROE"

"And after the evidence had been given to the jury by both parties, the defendant, through his counsel, requested the court to charge the jury that in order to recover damages for the alleged failure of the defendant to deliver the article sold by his alleged agent, as set forth in the plaintiff's petition, it would be necessary for him to show that a demand in writing or in one of the other modes prescribed by article 1905 of the Louisiana Code had been made upon him for the delivery of the article sold by the vendee or some person authorized, and that he had been put in default according to the terms of the said article 1905. Whereupon the court charged the jury that if they should be satisfied that there had been a sale and that the instrument aforesaid was a memorandum of the sale, with the endorsement of the vendee for the delivery of the thing sold, and that the same had been presented to the defendant or his authorized agent, such would be a demand in writing under the terms of the article 1905 of the Louisiana Code. "

Page 50 U. S. 368

"To which opinion and charge of the court the defendant, through his counsel, excepted and prayed leave of the court that said exception be made of record, and that he have his bill of exception thereto, which leave was granted by the Honorable Court, and this, the bill of exceptions of the defendant to the said charge of the court, was then and there signed and sealed by the Honorable Court."

"[L.S.] THEO. H. McCALEB, U.S. Judge"

The defendant, Barrow, sued out a writ of error, and brought the case up to this Court.

Page 50 U. S. 370

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