Public National Bank & Trust Co. v. Garcia Sugars Corp.

The two actions were on consent of all parties consolidated and tried by the court without a jury.

It appears the Garcia Sugars Corporation, a dealer in raw sugar, entered into a contract with each of the defendants, sugar refiners, for the sale of over 14,500 bags of sugar in each instance, represented by the seller to be in a warehouse in New York. In each instance the purchaser received a trade acceptance accompanied by a warehouse receipt and in each instance the trade acceptance was marked “ accepted.” The contracts in "each case provided for the delivery of the sugar before the due date…