Wilson v. Western Fruit Co.

The appellants sued appellee upon an accepted draft. The appellee set up by way of answer that the sole consideration for the acceptance was a car load of bananas ordered by it from appellants by telegraph, *90to be shipped from New Orleans, where appellants lived, to Fort Wayne, where appellee did business in November, 1892; that appellants negligently, and carelessly packed the fruit in a common box car instead of in a refrigerator car, as was usual and customary, whereby they became frozen in transit, and were rendered worthless, without any fault upon appellee’s part, which facts were…