Legal Opinion

Raleigh & Gaston Railroad v. Lowe

Supreme Court of Georgia

Decided June 9, 1897PublishedCited by 18 opinions

Complaint. Before Judge Reid. City court of Atlanta. May term, 1896. George F. Lowe, suing for the use of the Lowry Banking Company, brought his action against the Seaboard & Roanoke R. R. Co. and the Raleigh & Gaston R. R. Co., lessees of the G., C. & N. Ry. Co., and against the G., C. & N. Ry.

Read the full summary

Complaint. Before Judge Reid. City court of Atlanta. May term, 1896. George F. Lowe, suing for the use of the Lowry Banking Company, brought his action against the Seaboard & Roanoke R. R. Co. and the Raleigh & Gaston R. R. Co., lessees of the G., C. & N. Ry. Co., and against the G., C. & N. Ry. Co., alleging: On February 5, 1894, there was issued to him a bill' of lading at LeRoy, New York, for 180 barrels of potatoes, by the New York, Lake Erie & Western R. R. Co., consigned to plaintiff’s order, copy of which is attached. The goods called for by this bill of lading were transported from…

1Opinion of the CourtFish, J.

1. The law is well settled, that while a bill of lading stipulating for the delivery of the goods therein described to the consignor’s order is, in a general sense, “negotiable,” it is not so within the meaning of the term as applied to bills of exchange, but is rather a symbol or representative of the goods themselves. Except where the rules of the common law and mercantile usage have been modified by statute, the transfer of a bill of lading by endorsement and delivery passes to the endorsee only such rights to, or property in, the goods covered by the bill as the transferrer himself has…

2Cases cited8 opinions

  1. Shaw v. Railroad Co.Supreme Court of the United States · 1880
  2. Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
  3. Pollard v. VintonSupreme Court of the United States · 1882
  4. Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
  5. Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Groover v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1938
  2. Giles v. Citizens InsuranceCourt of Appeals of Georgia · 1924
  3. General Fire & Casualty Co. v. KuffreyCourt of Appeals of Georgia · 1967
  4. Continental Trust Co. v. Bank of HarrisonSupreme Court of Georgia · 1926
  5. Baker v. Central Grocery Co.Court of Appeals of Georgia · 1914

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API