Midland National Bank v. Missouri, Kansas & Texas Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Bills of lading are not negotiable in the same sense as bills of exchange and notes. They are assign-able, and the transfer of the bill has the same effect as the delivery of the property covered by it, and under the statute of this state when the words “not negotiable” are printed across the face of a bill of lading, it stands as though there was no statute, and is governed by general rules.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Bills of lading are not negotiable in the same sense as bills of exchange and notes. They are assign-able, and the transfer of the bill has the same effect as the delivery of the property covered by it, and under the statute of this state when the words “not negotiable” are printed across the face of a bill of lading, it stands as though there was no statute, and is governed by general rules. Acts of 1868, p. 13; Acts of 1869, p. 91; Dymock v. Railroad, 54 Mo. App. 400; Bank v. Railroad, 42 Mo. App. 284; Dickson v.…
1Opinion of the CourtGull, J.
This is an action for damages for failure to deliver three car loads of corn and two of flax, in pursuance of bills of lading held by plaintiff. The cause was tried by the court sitting as a jury, resulting in a finding and judgment for plaintiff in the sum of $1,443.21, and defendant appealed.
The facts giving rise to the controversy are substantially as follows: Prior to October 28, 1891, the Currier Commission Company was engaged in the-grain and commission business m Kansas City, Missouri. It did its banking business with the plaintiff, and had done so for several years prior to its…
2Cases cited4 opinions
- Davenport National Bank v. HomeyerSupreme Court of Missouri · 1869
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Skilling v. BollmanSupreme Court of Missouri · 1881
- Alabama National Bank v. Mobile & Ohio Railway Co.Missouri Court of Appeals · 1890
3Cited by11 opinions
- Bank of Bristol v. B. O.R. Co.Court of Appeals of Maryland · 1904
- Baltimore & Ohio Railroad v. RueterCourt of Appeals of Maryland · 1911
- Robert C. White Live Stock Commission Co. v. Chicago, Milwaukee & St. Paul RailroadMissouri Court of Appeals · 1901
- Hutchings v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911
- American Zinc, Lead & Smelting Co. v. Markle Lead WorksMissouri Court of Appeals · 1903
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