Fifth National Bank of Chicago v. Bayley
Massachusetts Supreme Judicial Court
Replevin of four hundred barrels of flour. In the Superior Court judgment was ordered for the plaintiff on agreed facts in substance as follows, and the defendant appealed to this court. On June 5 and 6, 1871, R. H. Sage owned and shipped at Chicago for Boston five hundred barrels of flour by bills of lading whereby the flour was deliverable to his own order.
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Replevin of four hundred barrels of flour. In the Superior Court judgment was ordered for the plaintiff on agreed facts in substance as follows, and the defendant appealed to this court. On June 5 and 6, 1871, R. H. Sage owned and shipped at Chicago for Boston five hundred barrels of flour by bills of lading whereby the flour was deliverable to his own order. On the same days he made drafts in favor of I. G. Lombard, the plaintiff’s cashier, upon E. Williams & Company, Boston, one for $1800, and the other for $1000, and attached the bills of lading thereto, and indorsed on each bill of…
1Opinion of the CourtGray, C. J.
This case is governed by those of National Bank of Cairo v. Crocker, 111 Mass. 163, and National Bank of Green Bay v. Dearborn, ante, 219.
The bills of lading by which the carrier undertook to deliver the goods to the shipper or his assigns were representatives of the property. The delivery if those bills of lading to the plain*230tiff corporation as collateral security for the payment of its advances, although it would not have enabled it to sue the carrier upon the contract therein made with the shipper, yet did transfer at least a special property in the goods to the plaintiff, (for which its…
2Cases cited1 opinion
- First National Bank v. CrockerMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Forbes v. Boston and Lowell RailroadMassachusetts Supreme Judicial Court · 1882
- Wigton v. BowleyMassachusetts Supreme Judicial Court · 1881
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Peoples National Bank v. MulhollandMassachusetts Supreme Judicial Court · 1916
- Central Trust Co. of Illinois v. Hanover Trust Co.Massachusetts Supreme Judicial Court · 1922
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