M. M. Walker Co. v. Dubuque Fruit & Produce Co.

One Scott, of Medina, N. Y., consigned to the Dubuque Fruit & Produce Company, a corporation engaged in business as a commission merchant, four car loads of apples. A comparatively few barrels of these had been sold prior to December II, 1896, when Scott reached Dubuque. He interviewed Muntz, the president and manager of the company, who then advanced $100 in addition to that previously paid, and then visited plaintiff, to whom it is claimed he sold all the apples. The theory of the plaintiff is that Scott sold to it the apples on Muntz’s suggestion, and that when Cyril Walker, a…