“This is an action of replevin for seventy-three casks of Teneriffe wine, of the value of $2168. 10 cents. The jury found a verdict(a) for the plaintiff, subject to the opinion of the court, upon the following case: On the 1st of June 1825, Beylle &. Co. merchants of Philadelphia, addressed a letter to the plaintiff, a merchant of Boston, requesting him to purchase for them in that city, seventy casks of Teneriffe wine, at one dollar and fifteen cents per gallon, or less, if he could do so, at six months, payable, if possible, in Philadelphia; to which place it was to be shipped. On the 4th, the plaintiff purchased for account of Beylle &, Co. of Mr Amory, of Boston, seventy-three casks of this wine, agreeably to the following memorandum made at the time of sale by C. Blanchard, a clerk of Mr Amory: ‘Sold E. Copland, Jun. the residue of the Teneriffe wine at one dollar and ten cents, at six months, payable in Philadelphia; or, if his principal prefers, cash, three per cent. discount, acceptance to be perfectly satisfactory; principals, Joseph Beylle & Co.’ On the same day, the plaintiff wrote to Beylle & Co. and informed them that he had purchased the wine at one dollar and ten cents the gallon, ‘satisfactory paper, payable in Philadelphia; or cash, three per cent. discount, at your option.’ A few days after this, the plaintiff applied to Mr Amory for the delivery of the wine, and was informed that it would be first necessary to be satisfied of the goodness of the paper, as those to whom he had referred had not given favourable information. The plaintiff requested that the inquiry might be made in Philadelphia; which it was promised should be done. The plaintiff again applied for the wine, which was delivered to him expressly on condition that the terms of sale should be complied with. On the 7th of the same month, the plaintiff wrote to Beylle &. Co. and enclosed them a bill of lading for thirty-three casks of wine, bought for them as per his letter of the 4th.”