Page:Federal Reporter, 1st Series, Volume 2.djvu/617

 610 FEDERAL KBPOETBB. �Dyeb, T>. 1. This is an action upon a special coutract. The facts in the case are these : Immediately prior to Octo- ber 11, 1877, J. Buokingham & Brother, a firm doing busi- ness at Lacon, in this state, arrangea with the defendants, who were engaged in the business of receiving and dealing in live stock in this city, that the defendants should pay a draft whioh Buckingham & Brother should draw on account of cer- tain shipments of live stock, with bills of lading attached; and pursuant to the arrangement thus made the defendants, on October 11, 1877, sent to the cashier of the plaintiff bank a telegraphie dispatch in the foUowing words : "We will pay J. Buokingham & Brother's draft, bill of lading attached, for three cars of cattle and one of hogs." [Signed] Benslet, Wagneb & Bensley. On receipt of this telegram the plain- tif? bank paid to J. Buckingham & Bro. $4,232.35, being the value of the three car loads of cattle and one of hogs. At the same time the bank received from Buckingham & Bro. a draft dated October 12, 1877, upon the defendants, for the sum named, -which draft was signed "A. D. Buckingham & Bro." �There is no doubt, upon the testimony, that these moneys were thus advanced by the bank upon the faith of the dis- patch received from defendants; and it is shown that the funds thus obtained from the bank were used by Buckingham & Bro. in the purchase of the stock. On the eleventh of October two car loads of stock were shipped to Chicago upon the Chicago & Alton Eailroad from La Eose, and on Octobei 12th two other car loads of cattle were shipped from Lacon. The stock shipped from La Eose was forwarded under bill oi lading running to one Samuel McCully, and was consigned to McCully at Chicago, the circumatances of this shipment being that at the same time McCully was shipping a car load ol stock on his own account, and as John Buokingham, the member of the firm of Buckingham & Bro. who gave active attention to the business, was unable to attend personally to the shipment of the stock, it was arranged that McCully should load and take care of the stock shipped from La Eose for Buckingham & Bro. ; and by arrangement between Me- ����