Legal Opinion

Columbian National Bank v. White

Missouri Court of Appeals

Decided March 23, 1896PublishedCited by 4 opinions

Appeal from the Nodaway Circuit Court. — Hon. Cykus A. Anthony, Judge. (1) Having received the bill of lading in the regular course of business, and for value, prior to the attaching of any possible rights of the defendant, as commission merchant or otherwise, plaintiff is entitled to the proceeds of the shingles without diminution for freight paid by the defendant, or for sums paid by the defendant to the lumber company, or for defects in the shingles.

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Appeal from the Nodaway Circuit Court. — Hon. Cykus A. Anthony, Judge. (1) Having received the bill of lading in the regular course of business, and for value, prior to the attaching of any possible rights of the defendant, as commission merchant or otherwise, plaintiff is entitled to the proceeds of the shingles without diminution for freight paid by the defendant, or for sums paid by the defendant to the lumber company, or for defects in the shingles. Oolebrooke on Collateral Securities, sec. 380, p. 506; sec. 373, p. 497; sec. 379, p. 505; sec. 382, p. 510; sec. 383, p. 512; sec. 384, p.…

1Opinion of the CourtG-ill, J.

At the date here mentioned, the Young-Lumber Company was a manufacturer of lumber and shingles at Tacoma, and defendant. White was a dealer at Pickering, Missouri. On May 10, 1894, the lumber company shipped a car load of cedar shingles to White to be sold on commission, at a stated price. At the same time the lumber company drew its draft on White for the price of the shingles, less $9, the agreed commission, and with the bill of lading attached assigned the same to the plaintiff, a banking institution at Tacoma.

When the shingles arrived at Pickering, White paid the freight, $134.61, and…

2Cases cited3 opinions

  1. Phillips v. ScottSupreme Court of Missouri · 1868
  2. Howard v. SmithSupreme Court of Missouri · 1874
  3. Switzer & Switzer v. ConnettSupreme Court of Missouri · 1847

3Cited by4 opinions

  1. Akers v. Jefferson County Savings BankSupreme Court of Georgia · 1904
  2. Tapee v. Varley-Wolter Co.Missouri Court of Appeals · 1914
  3. Grainger Bros. v. G. Amsinck & Co.Court of Appeals for the Eighth Circuit · 1926
  4. J. T. Faragason Co. v. PittsMissouri Court of Appeals · 1926

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