Old Colony Trust Co. v. Columbia Trust Co.

Martin, J.:

The plaintiff sues to recover an overpayment of $115,005.33, part of $3,328,998.75 paid to defendant on invoices and on defendant’s delivery orders for 13,450,500 pounds of sugar.

The complaint alleges that on or about May 5, 1920, KempRogow Corporation agreed to sell to W. F. Childs & Company, Ltd., 6,100 tons of 2,205 pounds each, of Bohemian refined sugar, at the price of twenty-four dollars and seventy-five cents per 100 pounds] • “ ex dock, duty paid New York, net landed weights to govern.” Payment was to be made to Kemp-Rogow Corporation, or their order, cash against delivery…