SEEMAN BROS. v. OSAKA SHOSEN KAISHA

No. 104.

16 F.2d 265 (1926)

SEEMAN BROS., Inc., v. OSAKA SHOSEN KAISHA.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.


Attorney(s) appearing for the Case

Cohen, Cole & Weiss, of New York City (Harry J. Leffert, of New York City, of counsel), for plaintiff in error.

Hunt, Hill & Betts, of New York City (George C. Sprague and H. Victor Crawford, both of New York City, of counsel), for defendant in error.

Before MANTON and MACK, Circuit Judges, and AUGUSTUS N. HAND, District Judge.


MANTON, Circuit Judge.

Seeman Bros., as partners, have assigned their alleged claim of fraud to the present plaintiff in error. The partnership entered into a contract in April, 1920, for the purchase of 200 tons of Java white sugar at 17½ cents, to be shipped during August, 1920. This contract of purchase provided that "bill of lading to be considered proof of date of shipment." A letter of credit was established at a New York bank for the amount of the purchase...

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