Haining Lumber Co. v. Octavius Leon, Inc.

PHELPS, Justice.

The -facts in this case are that -in June, 1947, the Haining Lumber Company, a •corporation, hereinafter called defendant, sold and shipped a carload of lumber, shippers’ order notify to Tri Boro Mill Works, .a New York -corporation located in New York, and drew a draft on a Mr. M. Stettner, president of the company for the pur•chase price thereof. Early in July Mr. Stettner arranged with Octavius Leon, Inc., 'hereafter called plaintiff, to take the car of lumber and assigned the ¡bill of lading to plaintiff who paid the draft in 'full to the defendant.

At the ti-me of the…