Helfend

From a judgment in favor of defendant plaintiffs prosecute this appeal.

During the year 1925, appellants were copartners engaged in the business of buying and selling ranch products and produce. In the month of October, 1925, appellant Helfend was in Éoumania for the purpose of purchasing walnuts which it was proposed should be shipped to New York City and there sold at a profit. His copartner, Mosher, remained in New York City for the purpose of making profitable disposition of the nuts as they should arrive. On October 31, 1925, appellant Helfend had purchased and had ready for shipment 3,743 bags of walnuts, each bag weighing approximately 110 pounds. Not having sufficient funds to pay the export duty imposed by the Roumanian government on the entire shipment, he sent to his copartner Mosher the following cablegram:

It appears to have been the plan of appellant Helfend to ship all of the nuts which he had purchased on a vessel which was scheduled to leave the port where the cargo was collected ready for shipment on November 6, 1925. This would guarantee the arrival of the nuts in New York in ample time for the Christmas market. His copartner Mosher thereupon caused to be sent…