St. Paul Roller-Mill Co. v. Great Western Despatch Co.
U.S. Circuit Court for the District of Minnesota
Demurrer to Amended Complaint. On November 17, 1883, the plaintiff shipped a car-load of flour at St. Paul, Minnesota, by the defendant’s transportation line, consigned to itself at Boston, and took a bill of lading therefor showing such consignment.
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Demurrer to Amended Complaint. On November 17, 1883, the plaintiff shipped a car-load of flour at St. Paul, Minnesota, by the defendant’s transportation line, consigned to itself at Boston, and took a bill of lading therefor showing such consignment. On the same day plaintiff made its draft, at 15 days’ sight, against the flour mentioned in the bill of lading upon one Whitcomb, of Boston, and forwarded the draft, with the bill of lading attached, unindorsed, to the Tremont National Bank of Boston “for acceptance and collection.” Upon presentation, November 22nd, Whitcomb accepted the draft,…
1Opinion of the CourtNelson, J.
The above facts are undisputed, and the questions presented for determination are clearly raised by the demurrer to the complaint. I think they are settled by the United States supreme court. Expressions of opinion are found in some state tribunals adverse to the propositions announced by the supreme court, but tho opinion of the latter is supported by an exhaustive review of the principles of commercial law involved, and a logical conclusion is reached.
As applicable to the facts in the case at bar, discussed by that court, the first point is whether the bill of lading, deliverable to the…
2Cases cited3 opinions
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Pollard v. VintonSupreme Court of the United States · 1882
- National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
3Cited by1 opinion
- Willis v. Glenwood Cotton MillsDistrict Court, D. South Carolina · 1912