Legal Opinion

S. Blaidsell, Jr., Co. v. Citizens National Bank

Texas Supreme Court

Decided June 22, 1903No. 1227PublishedCited by 32 opinions

Question certified from the Court of Civil Appeals for the First District, in an appeal from Smith County. W. S. Thomas and J. O. Mahaffey, for appellant.—The transfer of a bill of lading for value transfers the title to the property covered by it; and a bank which by such transfer to it of a bill of lading acquires the right to property shipped in fulfillment of a contract of sale can enforce against the purchaser no greater right than that possessed by the seller.

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Question certified from the Court of Civil Appeals for the First District, in an appeal from Smith County. W. S. Thomas and J. O. Mahaffey, for appellant.—The transfer of a bill of lading for value transfers the title to the property covered by it; and a bank which by such transfer to it of a bill of lading acquires the right to property shipped in fulfillment of a contract of sale can enforce against the purchaser no greater right than that possessed by the seller. And where a vendor of cotton in Texas sold to a purchaser in Massachusetts a number of bales of cotton at a given price per…

1Opinion of the Court

WILLIAMS, Associate Justice.

The Court of Civil Appeals for the' First District have certified for decision the case stated as follows:

“In this cause now pending before this court on motion for rehearing the trial court sustained a general demurrer to the plaintiff’s petition, and the latter, refusing to amend, has appealed. The petition is as follows:
“‘Now comes the S. Blaisdell, Jr., Company, plaintiff, complaining of Newell W. White and A. Hicks, who compose the firm of Newell W. White & Company, both as individuals and as a firm, and the Citizens National Bank of Tyler, defendants, and…

2Cases cited3 opinions

  1. Goetz v. Bank of Kansas CitySupreme Court of the United States · 1887
  2. Hoffman & Co. v. Bank of MilwaukeeSupreme Court of the United States · 1871
  3. Marsh v. LowIndiana Supreme Court · 1876

3Cited by32 opinions

  1. Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
  2. Pansy Oil Co. v. Federal Oil Co.Court of Appeals of Texas · 1936
  3. Wichita Falls Compress v. W. L. MoodyCourt of Appeals of Texas · 1913
  4. Parma v. First Nat. Bank of CameronTexas Commission of Appeals · 1933
  5. Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911

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