Kleinhans v. Canadian Pacific Railway Co.

Finch, J.:

The facts in so far as necessary to direct attention to the points determined upon this appeal, are briefly as follows: Plaintiff was the purchaser of a carload of potatoes in Maine. The potatoes were shipped to New York and a bill of lading taken in the name of the vendor, with directions to notify plaintiff and containing a clause allowing examination. Said bill of lading was delivered to a bank together with a draft on plaintiff on which draft the bank indorsed “ Deliver goods only on payment of draft,” and forwarded the same together with the bill of lading through correspondent…