
    JOHN STEWART OXLEY, Appellant, v. OLIVER K. KING and others, Respondents.
    
      Consignee — advances by.
    
    Tobacco was consigned to the plaintiff by S. & E., on which he made advances, the business being transacted through the defendants, who were also in advance to S. & E. To secure the defendants, S. & E. authorized them to draw on plaintiff for any balance on the shipment in his hands. Defendants drew on plaintiff for $1,000, and the draft was accepted by him for, and charged to the account of S. & E. The amount realized upon the sale of the tobacco, was not sufficient to repay the advances made by the plaintiff. Held, that the defendants were not liable for the deficiency arising upon the sale; the evidence showing that the advances were made, not to them, but to S. & E.
    Appeal from a judgment in favor of the defendants, entered upon the report of a referee.
    Tracy, Olmstead & Tracy, for the appellant.
    
      Beardslee dk Odie, for the respondents.
   Opinion of Donohue, J.

Davis, P. J., and Daniels, J., concurred.

Judgment affirmed.  