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BRANDER AND M`KENNA v. PHILLIPS AND COMPANY

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41 U.S. 121 (1842)

16 Pet. 121

10 L.Ed. 909

JAMES S. BRANDER, AND HUGH L. M`KENNA, PLAINTIFFS IN ERROR, v. WILLIAM E. PHILLIPS, AND HENRY BELL, TRADING UNDER THE FIRM OF WILLIAM PHILLIPS AND COMPANY, AND RODAH HORTON, AND NATHANIEL TERRY, DEFENDANTS IN ERROR.

Supreme Court of United States.

February 5, 1842.

Attorney(s) appearing for the Case

The case was argued by Mr. Gilpin, for the plaintiffs in error; and by Mr. Crittenden, for the defendants.

Mr. Gilpin, for the plaintiffs in error.

Mr. Crittenden, for the defendants in error.

Mr. Justice M`LEAN delivered the opinion of the Court.

This is a case on error from the Circuit Court for the district of South Alabama.

Brander and M`Kenna, in 1833, 1834, 1835, were commission merchants at New Orleans; and acted as factors and agents of William E. Phillips and Company, of Huntsville, Alabama, in the sale of cotton, and made advances thereon. On all sales they were to receive two and a half per cent...

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