Coleman

in substance charged the jury.

This action is brought to recover the price of a quantity of pork alleged to have been sold and delivered by plaintiffs to defendants.

As evidence of the bargain and sale, plaintiffs have produced and proven the written contract of February 25,1857, between the parties, in which is specified two hundred barrels of mess- pork, to arrive on the ship John Milton, at $3110. Defendants to receive it at ship’s tacHes, when ready for delivery from said ship, and pay for it in thirty days from delivery. And as further evidence, plaintiffs have proven the delivery order of May 8, 1857, from D, L. Ross & Co., on the commander of the ship John Milton, for two hundred barrels of pork, which is endorsed by plaintiffs to defendants, and by them in blank. It is proven that the ship John Milton arrived here about the 6th of May, and that D. L. Ross & Co. were the consignees; that the delivery order was presented to the clerk of the ship about the 14th of May, by Mr. Teller, who then held it, the pork having been transferred to him as collateral security for money loaned, and one hundred and eighty-seven barrels of it went into the warehouse of AIsop & Co., on…