Appellate Division of the Supreme Court of the State of New York January 10, 1908 (Acme Lumber Co. v. Montgomery)

Rich, J.:

The plaintiff consigned certain lumber to the International Mahogany Company, of New York, of which company the defendant Was general manager, to be sold for the benefit and account of the consignor. Freight and other charges on this consignment were paid by the consignee, and sufficient of the lumber was sold to solvent purchasers to more than pay such advancements.