Austin Machinery Co. of Michigan v. Consolidation Coal Co.

HICKS, Circuit Judge.

In July, 1923, Austin Machinery Corporation (herein called Austin of Virginia) shipped by rail to Clark-Hunt Contracting Company (herein called Clark-Hunt) at Darling, Miss., a drag line machine with sight draft for part and notes for the balance of the purchase price, $43,500, attached to the bill of lading. Austin of Virginia charged the purchase price on its books against Clark-Hunt. When the machine reached Darling, Clark-Hunt, by means of a replevin suit against the railway company, obtained possession of it without paying the draft. The National Surety Company…