Appellate Division of the Supreme Court of the State of New York February 5, 1926 (Spotless Co. v. Commercial Trust Co.)

Finch, J.

The plaintiff is suing for damages for failure bn the part of the defendant to deliver some 73 tons of barbed wire purchased by the plaintiff under a written contract between the parties. The defendant had loaned moneys to one Heineman, taking as collateral security some 1,500 tons of salvaged barbed wire which was in storage at the Government War Reservation at Columbus, O.