Collin County National Bank v. Harris
Supreme Court of Arkansas
Appeal from Drew Circuit Cour-t; Henry W. Wells, Judge;, 1. Jus disponendi was reserved in the consignor who had the legal right to transfer the bill of lading. There was never a delivery, either actual or symbolic, to appellees, and they never acquired title. Kirby’s Dig. § 529; 6 Cy-c. 424; 82 Tex.' 195; 4. Am. & Eng.
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Appeal from Drew Circuit Cour-t; Henry W. Wells, Judge;, 1. Jus disponendi was reserved in the consignor who had the legal right to transfer the bill of lading. There was never a delivery, either actual or symbolic, to appellees, and they never acquired title. Kirby’s Dig. § 529; 6 Cy-c. 424; 82 Tex.' 195; 4. Am. & Eng. Enc. of U. 2d Ed. 546; 50 Ark. 20; 56 Ark. 98; 64 Ark. 244. 2. In the face of the evidence that Browne Grain Company-sold the draft, with the bill of lading indorsed and attached, to appellant for the face of the draft less the customary discount, it was error to instruct the…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the circuit court of Drew County on July 17, 1908, by appellees, Harris & Jaggers, against the Browne Grain Company, a partnership composed of C. P. Browne and E. P. Browne, residents of the State of Texas. The cause of action is based on several items of an account for the damages alleged to have accrued to appellees, growing out of contracts of sale of oats in carload lots by the Browne Grain Company to them, and the claim is for $448.15. At the commencement of the action, funds in a bank at Monticello, Ark., alleged to belong to the Browne Grain Company were…
2Cases cited4 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Rail v. Little Falls Lumber Co.Supreme Court of Minnesota · 1891
- Deutsch v. DunhamSupreme Court of Arkansas · 1904
- Turner v. IsraelSupreme Court of Arkansas · 1897
3Cited by2 opinions
- Collin County National Bank v. Laser Grain Co.Supreme Court of Arkansas · 1917
- Central State Bank of McKinney, Tex. v. TolandSupreme Court of Arkansas · 1929