Legal Opinion

First National Bank of Chicago v. W. J. Hartzell Co.

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 182PublishedCited by 1 opinion

Appeal, No. 182, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1910, No. 764, on verdict for plaintiff in case of First' National Bank of Chicago v. W. J. Hartzell Company. Feigned issue to try title to goods levied upon in foreign attachment. Before Swearingen, J. At the trial the court gave binding instructions for plaintiff.

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Appeal, No. 182, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., Jan. T., 1910, No. 764, on verdict for plaintiff in case of First' National Bank of Chicago v. W. J. Hartzell Company. Feigned issue to try title to goods levied upon in foreign attachment. Before Swearingen, J. At the trial the court gave binding instructions for plaintiff. On a rule for a new trial Swearingen, J., filed the following opinion: On December 11, 1909, the Northern Produce Exchange of Chicago, Illinois, shipped via the Wabash Railroad a car, containing 200 cases of eggs, and received at the same…

1Opinion of the Court

Opinion by

Head, J.,

The Northern Produce Exchange of Chicago shipped a carload of eggs to Pittsburg. The bill of lading issued by the carrier showed that the consignor had billed the car to itself at Pittsburg. It contained the further direction that the W. J. Hartzell Company should be notified of the arrival of the car. At the same time the consignor drew a draft on the Hartzell Company for the price of the merchandise. This draft it sold for value to the First National Bank of Chicago and at the same time indorsed and turned over to the bank the bill of lading. The bank forwarded the draft…

2Cases cited5 opinions

  1. Walsh, Boyle & Co. v. First National Bank of HiawathaIllinois Supreme Court · 1907
  2. J. H. Richardson & Co. v. NathanSupreme Court of Pennsylvania · 1895
  3. Meyers v. PrentzellSupreme Court of Pennsylvania · 1859
  4. Bissell v. SteelSupreme Court of Pennsylvania · 1871
  5. Stewart & Co. v. WilsonSupreme Court of Pennsylvania · 1862

3Cited by1 opinion

  1. City National Bank v. IsenbergSuperior Court of Pennsylvania · 1915

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