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In re Quaker City Cold Storage Co.

October 27, 1943

IN RE QUAKER CITY COLD STORAGE CO. JERPE COMMISSION CO., INC.,
v.
KENDALL ET AL.



Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Harry E. Kalodner, Judge

Author: Mclaughlin

Before GOODRICH and McLAUGHLIN, Circuit Judges, and KIRKPATRICK, District Judge.

McLAUGHLIN, Circuit Judge.

In June 1940, Quaker City Cold Storage Co., a warehouseman of Philadelphia, had a then general current arrangement with Bennett & Layton, Inc., San Francisco poultry dealers. The original letter of February, 1940, from Bennett & Layton to Quaker City which started the relationship read:

"We are moving a few cars of our extra fancy Delicia Young Toms to be stored with you for our account for later sale.

"Our drafts against you will be on a very reasonable basis, which of course need not be paid until after the arrival of the shipment and inspection of the merchandise by you."

The latter would send carloads of turkeys to the Quaker City company. That company, after receipt of the turkeys, would honor drafts of Bennett & Layton; deliver the turkeys in accordance with the instructions of Bennett & Layton, and receive from the transferee, the amount of the particular draft or drafts plus warehouse charges. The Jerpe company had been through such a transaction with Bennett & Layton and Quaker City in May, 1940.

On June 7, 1940 Bennett & Layton telegraphed Quaker City as follows:

"Quaker City Cold Storage Co.

"Delaware & Spruce Sts Phila

"Car MP 3405 containing 396 boxes Delicia Young Toms should reach you some time tomorrow Please store this car for the account of the Jerpe Commission Company of Omaha

"Bennett and Layton Inc."

The turkeys arrived and were stored by Quaker City June 8, 1940. On June 7, 1940, the appellant, Jerpe Commission Co., Inc., wrote ...


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