Nashville, Chattanooga & St. Louis Railway v. Flournoy
Supreme Court of Georgia
Complaint. Before Judge Felton. Bibb superior court. November 16, 1911. J. A. Flournoy, as transferee of a bill of lading, instituted an action by attachment against the Nashville, Chattanooga & St. Louis Bailway, for the recovery of the value of certain oats for which the defendant had issued its bill of lading at Nashville, Tennessee, consigned to the order of the consignor at Macon, Georgia.
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Complaint. Before Judge Felton. Bibb superior court. November 16, 1911. J. A. Flournoy, as transferee of a bill of lading, instituted an action by attachment against the Nashville, Chattanooga & St. Louis Bailway, for the recovery of the value of certain oats for which the defendant had issued its bill of lading at Nashville, Tennessee, consigned to the order of the consignor at Macon, Georgia. The case was tried upon an agreed statement of facts, on consent of the parties, by the judge without the intervention of a jury; and a judgment was rendered in fayor of the plaintiff for the value of…
1Opinion of the CourtAtkinson, J.
1. When a carrier issues a bill of lading containing a statement as to the quantity of goods received, with the understanding that the goods may be transferred by means of a transfer of the bill of lading, the transferee is justified in relying upon the representation of the carrier, made' in the bill, with reference to the quantity of goods received under it; and as to one who receives the bill in good faith, relying upon the statement of quantity, and pays a consideration, the carrier will be estopped from showing that, though he received some of the goods, he has not received the quantity…
2Cases cited3 opinions
- Bank of Bristol v. B. O.R. Co.Court of Appeals of Maryland · 1904
- Smith v. Southern Ry.Supreme Court of South Carolina · 1911
- Alabama Great Southern Ry. Co. v. Commonwealth Cotton Manufacturing Co.Supreme Court of Alabama · 1906
3Cited by3 opinions
- Ellis v. PayneDistrict Court, N.D. Georgia · 1921
- National Bank v. Maryland Casualty Co.Supreme Court of Georgia · 1929
- Atlantic Coast Line Railroad v. Luke & FlemingCourt of Appeals of Georgia · 1917