Legal Opinion

Wichita Savings Bank v. Atchison, Topeka & Santa Fé Railroad

Supreme Court of Kansas

Decided July 15, 1878PublishedCited by 22 opinions

Error from Sedgwick District Court. Action by Wichita Savings Bank, to recover of the Railroad Company $758.38, and interest thereon from 6th September 1876. The petition, among other facts, alleged, that one Henry Schneider, on said 6th of September, borrowed from plaintiff said sum of $1,250, for thirty days, and assigned and delivered to plaintiff, as security for said loan, four bills of lading issued by the duly-authorized agent of the Railroad Company to said…

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Error from Sedgwick District Court. Action by Wichita Savings Bank, to recover of the Railroad Company $758.38, and interest thereon from 6th September 1876. The petition, among other facts, alleged, that one Henry Schneider, on said 6th of September, borrowed from plaintiff said sum of $1,250, for thirty days, and assigned and delivered to plaintiff, as security for said loan, four bills of lading issued by the duly-authorized agent of the Railroad Company to said Schneider, each of which bills stated that said Railroad Company had received from Schneider a certain quantity of wheat to be…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This action was based upon four bills of lading, issued by the Atchison, Topeka & Santa Fé Railroad Company, covering four shipments of wheat. Two of the bills of lading called for 23,000 pounds of wheat each, and *521two called for 25,000 pounds each — all consigned to the order of Henry Schneider at St. Louis, Mo. As the point involved here is the same, as to each of the bills of lading, we will follow the course pursued by the counsel in their argument, and state the case as if covering simply one bill.

Statement of facts. On the 4th of…

2Cases cited6 opinions

  1. Armour v. . Michigan Central R.R. Co.New York Court of Appeals · 1875
  2. Meyer v. . PeckNew York Court of Appeals · 1863
  3. Relyea v. New Haven Rolling Mill Co.Supreme Court of Connecticut · 1875
  4. New York Life Insurance v. McGowanSupreme Court of Kansas · 1877
  5. Michel v. WareNebraska Supreme Court · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Hanover Ins. Companies v. Brotherhood State BankDistrict Court, D. Kansas · 1979
  2. Missouri, Kansas & Texas Railway Co. v. Hutchings, Sealy & Co.Supreme Court of Kansas · 1908
  3. The Capitaine FaureCourt of Appeals for the Second Circuit · 1926
  4. First National Bank v. Northern Pacific Railway Co.Washington Supreme Court · 1902
  5. Halsey v. WardenSupreme Court of Kansas · 1881

17 more not listed; retrieve them via the Exa API.

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