New York Terminal Warehouse Co. v. Bullington

RIVES, Circuit Judge.

Romer Bullington, as Trustee in Bankruptcy of the Estate of Denton Peanut Company, filed this action against New York Terminal Warehouse Company seeking to recover damages for its failure and refusal to deliver 224.1 tons of peanuts represented by eleven unredeemed negotiable warehouse receipts issued by the defendant warehouse company. In its answer the defendant pleaded a number of defenses, including the claim that some of the peanuts were probably never delivered to it and that the remaining peanuts represented by these warehouse receipts had been withdrawn from…