American National Bank v. Henderson & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. Charles Henderson & Co. instituted a suit against the Internatipnal Export Corn & Oil Company, and sued out a writ of attachment as ancillary to said suit. This writ of attachment was levied upon a car load of corn in the city of Troy, Alabama.
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Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. Charles Henderson & Co. instituted a suit against the Internatipnal Export Corn & Oil Company, and sued out a writ of attachment as ancillary to said suit. This writ of attachment was levied upon a car load of corn in the city of Troy, Alabama. After the levy upon said corn, the American National Bank interposed a claim' to said corn, and a trial of the right of property was insti-. tuted for the corn so levied upon by making an affidavit of claim and claim bond. On the trial of the claim suit it was shown that in…
1Opinion of the CourtTyson, J.
The facts are without dispute that the defendant on the 2d day of March, seven days before the suing out of the attachment by the plaintiffs, transferred by indorsement and delivered the bill of lading covering the shipment of the corn, the title to which is in controversy. This indorsement and delivery to the claimant of the bill of lading, upon its discount of the draft to which it was attached, was a transfer to it of the title to the corn in transitu as effectually as if the corn- itself had been delivered. — 4 Am. & Eng. Ency. Law (2d ed.), 564, and note 1; Porter on Law of Bills of…
2Cases cited2 opinions
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
3Cited by11 opinions
- Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- Haas & Co. v. Citizens BankSupreme Court of Alabama · 1905
- American Thresherman v. Citizens Bank of AndersonWisconsin Supreme Court · 1913
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