Page:Federal Reporter, 1st Series, Volume 2.djvu/618

FIKST NAT. BANK OF LACON V. BENSLET. 611 �Cuily and the station agent at La Rose, in the absence and at the time without the knowledge of Buckingham, the stock was consigned to McOully and the bill of lading made as before stated, but with the understanding that, on its arrivai in Chicago, McCuUy should turn the stock over to Bucking- ham, or to his commission agent. �The stock shipped by Buckingham & Bro. from Lacon, October 12th, was forwarded under bill of lading running to A. D. Buckingham & Bro., and was consigned to them at Chicago. The cashier of the plaintiff bank testifies that when the draft was drawn, and the money advanced on account of it to Buckingham & Bro., bills of lading were attached to the draft and were sent with the draft to the Union Stock Yards National Bank of Chicago. As there do not appear in evidence any other bills of lading than those described, the conclusion is that the bills of lading which were attached to the draft when it was forwarded, if any, were those which have been mentioned. The car loads of stock covered by bothi bills of lading duly arrived in Chicago, and came to the hands of the defendants, who sold the same. �It appears, further, that as the draft which Buckingham & Bro. had drawn on the defendants was signed A. D. Buck- ingham & Bro., and as the telegraphie dis patch from defend- ants to the plaintiff bank stated that they would pay the draft of J. Buckingham & Bro., it was feared that the defend- ants would not honor the draft, and so, three days later, Buckingham & Bro. delivered to the plaintiff bank a second draft, for a like amount with the first, upon the defendants, which was signed J. Buckingham & Bro. The proceeds real- ized by the defendants upon the sale of the four car loads of stock amounted to $3,891.25, and this amount, less defend- ants' charges, was paid to the bank, and appears to be indorsed on the draft secondly drawn. �It appears that the firm of Buckingham & Bro., in the transaction of their business, used the firm name of J. Buck- ingham & Bro. and A. D. Buckingham & Bro. interchangea- bly; and concerning the La Eose shipment it appears also that, as McCully desired to use the railroad pass which Buck- ����