David W. Biow Co. v. Cohen

The plaintiff, doing business in New York City, delivered to the defendant át St. Albans, Vermont, a bill of goods under a “sale or return” contract. The defendant elected to return the goods; he delivered them to the express company in St. Albans in a package bearing the plaintiff’s New York business address, for transportation. The express company issued to him a receipt therefor, naming him as the consignor and the plaintiff as the consignee of the goods. It turned out that the package bore the address of another New York firm, to which the goods were actually delivered; and they have…