Bown Bros. v. Merchants Bank

Davis, J.:

Six actions involving claims of the same nature were tried together before the court and resulted in a judgment for plaintiff. Liability of the defendant was based upon its failure to collect certain foreign drafts. The facts are not in dispute. From the facts as stipulated the court was authorized to draw reasonable inferences.

It appears that in 1916 plaintiff was making sales of evaporated fruits in Sweden c. i. f. Malmo. Drafts to which were attached certain shipping documents (which we will call bills of lading) were to be presented to the buyer. Upon acceptance and payment the…