Brown v. Estate of Funck

The opinion of the court was delivered by

Johnston, C. J.:

This action was begun by the appellants in the probate court to recover on a claim they held against the estate of C. Funck, deceased. On October 19, 1907, Funck consigned a carload of eggs to the appellants in Chicago and drew a draft for $1700 against the shipment, with bill of lading attached, which was subsequently paid by appellants. On October 23, 1907, appellants sold the eggs to Schotwell-Davis Company, of Chicago, on cash terms, which was payment on the following day. Payment was demanded by appellants on the day after the…