Bass v. Glover
Supreme Court of Georgia
Certiorari. Railroads. Possessory warrant. Before Judge Crisp. Sumter County. At Chambers. March 13, 1879. Avery & Sons shipped from Louisville, Kentucky, certain goods to Glover, at Americus, Georgia. The goods left Louisville by the Louisville & Nashville Railroad, were received by the Central Railroad at-Atlanta, and carried by it to their destination. They thus came into the possession of Bass, who was the agent of the Central Railroad at Americus.
Read the full summary
Certiorari. Railroads. Possessory warrant. Before Judge Crisp. Sumter County. At Chambers. March 13, 1879. Avery & Sons shipped from Louisville, Kentucky, certain goods to Glover, at Americus, Georgia. The goods left Louisville by the Louisville & Nashville Railroad, were received by the Central Railroad at-Atlanta, and carried by it to their destination. They thus came into the possession of Bass, who was the agent of the Central Railroad at Americus. Glover tendered the .freight and demanded the goods. Bass refused to deliver except upon the production of the bill of lading. This was not…
1Opinion of the Court
Bleckley, Justice.
Ordinarily, delivery to the consignee discharges the carrier, if made without notice of right in another. Hutchinson on Carriers, §130 ; Schouler on Bail, and Carriers, 496, et seq. The consignee is presumptively the owner. 23 N. Y., 335; 17 How., 100. But there must be always a due regard to the obligations to which bills of lading give rise. 115 Mass., 219, 230, 233; 14 Wall., 98. As, in general, the bill of lading is assignable by the consignee, and sometimes by the consignor, so as to render the carrier liable to make delivery to the assignee, it seems no unreasonable…
2Cases cited4 opinions
- Lawrence v. MinturnSupreme Court of the United States · 1855
- The ThamesSupreme Court of the United States · 1872
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- Sweet v. . BarneyNew York Court of Appeals · 1861
3Cited by4 opinions
- Ratzer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Minnesota · 1896
- Boatmen's Savings Bank v. Western & Atlantic RailroadSupreme Court of Georgia · 1888
- Sellers v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1905
- Clegg v. Railroad Co.Supreme Court of North Carolina · 1904