J. Abrams & Co. v. Clark

This suit is now prosecuted against Charles F. Clark and Clarence F. Clark, copartners, to recover back a payment of $2,080.75 made by the plaintiff to the defendants in order to secure the release from the defendants’ storehouse in Sunderland of one thousand bags of “set” onions in which the plaintiff had an interest.

A summary of a part of the master’s findings will serve to indicate the decisive issue and the grounds of this opinion. On August 23, 1928, the plaintiff, doing business as a commission and produce merchant in New York, entered into a written contract with one Goodwyn by which…