Kansas State Bank v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover the value of twenty-two cars of crude oil shipped over the lines of the defendant and delivered without surrender of the bills of lading therefor. Plaintiff prevailed and defendant appeals.

*78The facts substantially were as follows:

One C. C. Morgan was engaged in buying crude oil at Tonkawa, ' Okla., from the Golden Rule Oil Company. The oil was loaded in the defendant’s cars, bills of lading issued to Morgan as consignee, “Notify the Sheridan Refining Company,” and thereupon sent to the Kansas State Bank with a…