Legal Opinion

C. C. C. & St. L. Ry Co. v. M. Degaro Co.

Ohio Court of Appeals

Decided April 14, 1930No. 3633Published

1Opinion of the Court

•R'OSS, J:

For convenience we will refer to those involved as follows:

The Perham Fruit Co., Shipper:

Denney & Company, Consignee;

The C. C. C. & St. L. Ry., Carrier; and

M. Degaro & Sons, Purchaser.

The Bill of Lading was a straight bill for .an interstate shipment, and, under the Federal Bill of Lading Act, United States Code, Title 49, Chapter 4, section 109, cannot be negotiated free from existing equities, and the endorsement of such bill gives the transferee no additional right.

The purchaser, therefore, by taking up the draft and delivery order, obtained no greater rights than the original…

2Cases cited10 opinions

  1. Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
  2. Brewer Lumber Co. v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901
  3. Mohr v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
  4. Jeffris v. Fitchburg RailroadWisconsin Supreme Court · 1896
  5. In re NestoCourt of Appeals for the Third Circuit · 1921

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