Farmers Grain & Supply Co. v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Johnston, C. J.:

The motion of the Red Star Milling Company was allowed because of an inadvertent statement in the opinion that it as well as the other defendants knew that the car of wheat had been transferred and disposed of without the surrender of the bill of lading or the consent of the shipper. An examination of the record shows that this company had no knowledge of these facts, and the question is whether such lack of knowledge absolves it from liability for the purchase, appropriation and disposition of plaintiff’s wheat.

Plaintiff was not paid…