Kentucky Refining Co. v. Globe Refining Co.
Court of Appeals of Kentucky
Case 73—ATTACHMENT— APPEAR FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. When, by the bill of lading, goods consigned are deliverable to the shipper’s own order, there is a strong, and almost conclusive presumption that the shipper intended to reserve to himself the jus dlsponendi, and not to part With his title. Benjamin on Sales (4th Am. Ed.), vol. 1, secs. 541, 542, 567; Am. •& Eng. Enc. of Law, vol. 21, p. 508; Am. & Eng.
Read the full summary
Case 73—ATTACHMENT— APPEAR FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. When, by the bill of lading, goods consigned are deliverable to the shipper’s own order, there is a strong, and almost conclusive presumption that the shipper intended to reserve to himself the jus dlsponendi, and not to part With his title. Benjamin on Sales (4th Am. Ed.), vol. 1, secs. 541, 542, 567; Am. •& Eng. Enc. of Law, vol. 21, p. 508; Am. & Eng. Ene. of Law., vol. 2, p. 243; Hutchinson on Carriers (2d ed.), secs. 131 and 131a; Louisville & Nashville R. R. Co. v. Hartwell, 99 Ky., 436; 18 Ky. Law Rep., 745;…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion oe the court.
The appellant was a corporation doing business in the city of Louisville, and engaged in refining cotton-seed oil. The appellee was a corporation doing a like business in. *562said city. The Marlin Oil Company was a corporation, doing business in Texas, and engaged in the manufacture of crude cotton-seed oil. The appellant instituted suit against the Marlin Oil Company in the Jefferson Circuit Court, and in the petition it is alleged: That on the 1st of November, 1895, the defendant, the Marlin Oil Company, sold and agreed to deliver to .the appellant…
2Cases cited9 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Bergeman v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1890
- Berger v. StateSupreme Court of Arkansas · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hunter Bros. Milling Co. v. StanleyMissouri Court of Appeals · 1908
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
- Southern Flour & Grain Co. v. McGeehanWisconsin Supreme Court · 1910
- B. F. Swartz & Co. v. Woldert Grocery Co.Court of Appeals of Kentucky · 1913
- St. Louis Carbonating & Mfg. Co. v. Lookeba State BankSupreme Court of Oklahoma · 1913
5 more not listed; retrieve them via the Exa API.