Sanitary Can Co. v. National Pickle & Canning Co.
Supreme Court of Iowa
Appeal from Lee District Court.- — John E. Craig, Judge. Action brought at law to recover a money judgment for $844.92 and interest on account for a car of cans. Defendant pleaded payment. The case was transferred to equity.
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Appeal from Lee District Court.- — John E. Craig, Judge. Action brought at law to recover a money judgment for $844.92 and interest on account for a car of cans. Defendant pleaded payment. The case was transferred to equity. The court found that there was due plaintiff from defendant $1,137.92, but that there should be credited thereon, as conceded and offered by plaintiff, the net sum of $502.73, which last-named amount was the dividend from proceedings in bankruptcy of D. H. Sage, or his estate, doing business as Sage Banking Company. This left a balance of $634.48, for which judgment was…
1Opinion of the CourtPreston, J.
The plaintiff, a manufacturer of cans in the east, shipped to the defendant a carload of cans at the agreed price of $844.92, and drew a sight draft on defendant dated October 1, 1914, for the amount thereof, with bill of lading attached, through the National Newark Banking Company, of Newark, New Jersey. The draft was payable to said bank, signed by plaintiff, and addressed to National Pickle & Canning Company, St. Louis, Missouri. Upon the face of the draft, in red ink, was printed the notation:
“This draft must be paid in cash or its equivalent, the bank named as payee acting only as agent…
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