Lee v. Kimball
Supreme Judicial Court of Maine
This was an action of Trover for a quantity of coal. The case was submitted to the full Court upon an agreed statement of facts. The plaintiff, a merchant in Baltimore, on the 28th of Oct., 1856, sold to John Cox & Co., of Portland, a cargo of Cumberland coal, for the gross sum of $974,29; and he shipped the coal, to be delivered according to the bill of lading, “ to said John Cox & Co., or their assigns, they paying freight.”
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This was an action of Trover for a quantity of coal. The case was submitted to the full Court upon an agreed statement of facts. The plaintiff, a merchant in Baltimore, on the 28th of Oct., 1856, sold to John Cox & Co., of Portland, a cargo of Cumberland coal, for the gross sum of $974,29; and he shipped the coal, to be delivered according to the bill of lading, “ to said John Cox & Co., or their assigns, they paying freight.” Cox & Co. paid for the coal by two acceptances payable, one in sixty, and the other in ninety days. Before the maturity of either of said drafts, and before the arrival…
1Opinion of the Court
The opinion of the Court was drawn up by
Cutting, J.
In the celebrated case of Lickbarrow v. ■Mason, (reported in 6 East, 21,) it was settled that “the consignor of goods may stop them in transitu, before they get into the hands of the consignee, in case of the insolvency of the consignee; but, if the consignee assign the bill of lading to a third person, for a valuable consideration, the right of the consignor, as against such assignee, is divested.” Such, now, is the established rule of commercial law in England, and in this country.
• It appears, from the facts agreed upon by the parties in…
2Cases cited2 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- White v. ColeNew York Supreme Court · 1840
3Cited by5 opinions
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- Wails v. FarringtonSupreme Court of Oklahoma · 1911
- C. M. Henderson & Co. v. Gibbs & AllenSupreme Court of Kansas · 1888
- Pattison v. CultonIndiana Supreme Court · 1870
- Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903