Kirschenschlager v. Armitage Herschel Co.

In July, 1892, the plaintiffs purchased from the defendant a steam riding gallery, commonly called a “merry go round,at the agreed price of $1,980. The plaintiffs made a cash payment of $250 with the understanding that the machine should be shipped not later than July 26, and that at the date of the shipment a sight draft would be drawn for the balance of the purchase money, payable through a bank at Canton, Missouri. On the third day of August the shipment was made from Tonawando, New York, where the defendant and interpleader do business. The Armitage Herschel Company was named as…