Tison & Gordon v. Howard
Supreme Court of Georgia
Factors. Negotiable instruments. Bills of lading. Indorsement. Before Judge Hall. Monroe Superior Court. March Term, 1876. Howard filed his bill against Tison & Gordon and Lampkin & Company, to recover the value of certain cotton consigned to the former, and damages for the conversion of the same, making the case presented by the 3d head-note above. The jury found for the plaintiff.
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Factors. Negotiable instruments. Bills of lading. Indorsement. Before Judge Hall. Monroe Superior Court. March Term, 1876. Howard filed his bill against Tison & Gordon and Lampkin & Company, to recover the value of certain cotton consigned to the former, and damages for the conversion of the same, making the case presented by the 3d head-note above. The jury found for the plaintiff. Tison & Gordon moved for a new trial upon the following, among other grounds : 1st. Because the court erred in charging the jury as follows: “ That the fact that Lampkin & Company may have been indebted to Tison &…
1Opinion of the Court
Bleckley, Judge.
Bills of lading are often mentioned in the books as negotiable instruments; and so they are, in a general sense, for they are symbolic of the property which they describe, and when there is a design to pass the property, that purpose may be accomplished by transferring the bills. But where the common law prevails and no statutes have been passed to better their standing, bills of lading do not enjoy the full dignity of negotiable paper, proper; that is, the mere possession of them in a state apparently regular, and under circumstances apparently innocent, does not always…
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