to the jury. The tobacco was received by the defendant as the plaintiff’s factor, and as such will not be liable until after demand and refusal. If the tobacco has been disposed of by plaintiffs order, or exchanged into other articles yet on hand, the defendant is not liable. If he has sold and converted the articles into cash, he may be held liable in this action for the proceeds, deducting his commission and charges.

Verdict and judgment for the defendant.