Holmes v. Bailey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 70. Assumpsit by B. K. Bailey, for use of W. P. Stallings, against William Holmes and others, trading as Holmes, Lafferty & Co. On the 9th of October 1876, Stallings, the equitable plaintiff, sold to Bailey, the legal plaintiff, twenty-two head of cattle for §>1099.45, and on the same day Bailey shipped seventeen of these cattle at Louisville, Kentucky, by the Louisville,…
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 70. Assumpsit by B. K. Bailey, for use of W. P. Stallings, against William Holmes and others, trading as Holmes, Lafferty & Co. On the 9th of October 1876, Stallings, the equitable plaintiff, sold to Bailey, the legal plaintiff, twenty-two head of cattle for §>1099.45, and on the same day Bailey shipped seventeen of these cattle at Louisville, Kentucky, by the Louisville, Cincinnati & Lexington Railroad Company, to the defendants, who are live-stock commission merchants at Pittsburgh,…
1Opinion of the Court
The judgment of the Supreme Court was entered November 17th 1879,
2Per curiam
This case, we think, cannot be distinguished from Holmes v. German Security Bank, 6 Norris 525. It was held in that case that, where a bill of lading is attached to a draft as security for its payment, and transferred for a valuable consideration, it is an appropriation of the property contained in the bill whether it is endorsed or not. We do not' see that the fact that the draft in this case was for more than the proceeds of the shipment makes any difference. The consignee was entitled to a receipt from the holder as his…
3Cited by5 opinions
- Harrison, Frazier & Co. v. Mora, Ona & Co.Supreme Court of Pennsylvania · 1892
- In re E. Reboulin Fils & Co.District Court, D. New Jersey · 1908
- Marine National Bank of Buffalo v. BaringerSuperior Court of Pennsylvania · 1911
- Sturgeon Bay Bank v. McLaughlinSuperior Court of Pennsylvania · 1916
- Pennsylvania Railroad v. Edson Bros., Pennsylvania Court of Common Pleas, Philadelphia County1927