Burckard

Plaintiff as assignee of the Irving National Bank of New York recovered a judgment against defendant for the payment of the sum of $2,000 alleged to be due on account of an overpayment made to defendant on the purchase price of merchandise sold by defendant to a corporation in Spain. The defendant appeals.

It appears that during the summer of 1919 appellant sold 500 sacks of chick peas (garbanzos) to El Triunfo, a corporation of Bilboa, Spain, payment therefor being made through credit established by a Madrid bank with the Irving National Bank of New York, the money being actually paid to appellant in Los Angeles by a bank in that city. A mistake was made in arranging the credit with the New York bank and instead of establishing the amount thereof in the sum of $11,500, as was intended, the New York bank gave credit for $13,500. As a result thereof appellant was overpaid $2,000, for which amount he has been sued. As between said banks the responsibility for the mistake appears to have been assumed by the one in New York, it being allowed a debit by the Madrid bank of only $11,500, and so far as the evidence shows their accounts with each other were adjusted…