Seeman Bros. v. Osaka Shosen Kaisha

MANTON, Circuit Judge.

Seeman Bros., as partners, have assigned their alleged claim of fraud to the present plaintiff in error. The -partnership entered into a contract in April, 1920, for the purchase of 200 tons of Java white sugar at 17% cents, to be shipped during August, 1920. This contract of purchase provided that “bill of lading to be considered proof of date of shipment.” A letter of credit was established at a New York bank for the amount of the purchase price, and it provided for “invoice, custom house release, negotiable dock- delivery order.” The theory of the action is that the…