Moody v. Newmark & Edwards

This action was brought to recover from New-mark & Edwards, as partners, money alleged to be due upon a certain order drawn upon the firm by one J. S. Robinson. It is alleged that on the twenty-fourth day of September, 1894, J. S. Robinson was indebted to plaintiff in the sum of five hundred and forty-three dollars and nine cents, and on that day drew and delivered to plaintiff his written order or draft, reading as follows:

The order was on the same day accepted by Newmark & Edwards.

Before suit was brought there had been paid on the order one hundred and eighty-three dollars and twenty-five cents. At that time there was stored in a certain warehouse a quantity of wheat which had been sold by Robinson to one Suman for eight thousand five hundred and twenty-one dollars and eight cents, and Newmark & Edwards were authorized and empowered by said Robinson, and undertook to collect from Suman the price of said wheat.

It is charged that subsequent to the acceptance of the order Newmark & Edwards permitted Suman to remove all of the wheat, and “received or should have received payment in full of the said purchase price for the same, at or before said removal of said wheat, which…