Louisville & Nashville Railroad v. Hartwell
Court of Appeals of Kentucky
Case 71 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. I. Upon delivery of goods to the 'carrier, the title either vests in the consignee or it does not; and if it does so vest, no subsequent notice by the consignor can change that fact.
Read the full summary
Case 71 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT. I. Upon delivery of goods to the 'carrier, the title either vests in the consignee or it does not; and if it does so vest, no subsequent notice by the consignor can change that fact. The only office of such notice would be to put the carrier on notice and require it at its peril to satisfy itself whether the title did vest in the consignee upon delivery to it. 2. As this case must be tried again, we ask the court to extend its opinion and decide whether or not the peremptory instruction should not have been given because there was…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
On the 9th of September, 1892,' Hartweil delivered to the appellant for shipment to A. Pennington & Co., of St. Louis, Mo., one hundred and seventy barrels of apples, for which he received from it a bill of lading. On the day following,. Hartwell made a draft in favor of the First National Bank of Elizabethtown, Ky., on the consignee, A. Pennington & Co., for three hundred dollars and at the same timé time delivered to it the bill of lading. He then notified the appellant not to deliver the apples to the consignee unless he presented the bill of…
2Cited by8 opinions
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Klein v. MillerOregon Supreme Court · 1938
- Kentucky Refining Co. v. Globe Refining Co.Court of Appeals of Kentucky · 1898
- L. & N. R. R. Co. v. Central Stock Yards Co.Court of Appeals of Kentucky · 1906
- Dunn v. Blue Grass Realty Co.Court of Appeals of Kentucky · 1915
3 more not listed; retrieve them via the Exa API.