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MONTICELLO HARDWARE CO. v. WESTON

No. 5289.

28 F.2d 672 (1928)

MONTICELLO HARDWARE CO. v. WESTON.

Circuit Court of Appeals, Fifth Circuit.

October 26, 1928.

Attorney(s) appearing for the Case

Jno. R. L. Smith, of Macon, Ga. (Smith & Smith and George A. Pindar, all of Macon, Ga., on the brief), for appellant.

J. R. Pottle and I. J. Hofmayer, both of Albany, Ga., and Benton Odom, of Newton, Ga. (Pottle & Hofmayer, of Albany, Ga., and Benton Odom, of Newton, Ga., on the brief), for appellee.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

In December, 1924, appellant shipped from Monticello, Ga., to the Sylvester Milling Company, of Sylvester, Ga., three cars of peanuts, as a cash transaction, drawing its draft for 80 per cent. of the proceeds, to which it attached a shipper's order bill of lading, with instructions to notify the consignee. The bill and draft were deposited with the First National Bank of Monticello, which forwarded the same to the Macon National Bank, of Macon...

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