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MATTHEW SMITH TEA, COFFEE & GROCERY CO. v. LAMBORN

Nos. 107-109.

10 F.2d 697 (1926)

MATTHEW SMITH TEA, COFFEE & GROCERY CO. v. LAMBORN et al. PENNSYLVANIA MILK PRODUCTS CO. v. SAME. BRENNER et al. v. SAME.

Circuit Court of Appeals, Second Circuit.

February 8, 1926.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (Leavitt J. Hunt and H. Victor Crawford, both of New York City, of counsel), for plaintiffs in error.

Van Doren, Conklin & McNevin, of New York City (Louis O. Van Doren and Alfred C. B. McNevin, both of New York City, and Edward S. Bentley, of Lawrence, N. Y., of counsel), for defendants in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

Lamborn sold Java sugars f. o. b. Philadelphia to many persons, and apparently exacted as many irrevocable credits covering payment to him for the same. When the sugars on the West Cheswald arrived, goods for which buyers were willing to pay 22 cents a pound at contract date would fetch no more than 11 cents.

This fact does not affect the legal questions involved, but it does explain why consignments...

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