Atchison, Topeka & Santa Fe Railway Co. v. Jordon Stock-food Co.

*87The opinion of the court was delivered by

Burch, J.:

Certain goods were in the possession of a commission merchant for sale on the owner’s account. A person without title or authority procured them to be consigned to him at Topeka, via the railroad of the plaintiff in error, at which place they were unloaded and placed in the railroad company’s warehouse. The interloping consignee then directed the goods to be shipped to a point beyond the state, paid the freight, and was given a bill of lading. Before the goods were reshipped an authorized agent and attorney of the owner discovered the goods,…