Merchants' Bank v. Pine Bluff Produce & Provision Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; STATEMENT OE PACTS. On February 9, 1920, the Pine Bluff Produce & Provision Company, a domestic corporation, brought this suit in the circuit court against the Michael-Swans on-Brady Produce Company, a foreign corporation, as defendant, and the Citizens’ Bank of Pine Bluff, as garnishee.
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Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; STATEMENT OE PACTS. On February 9, 1920, the Pine Bluff Produce & Provision Company, a domestic corporation, brought this suit in the circuit court against the Michael-Swans on-Brady Produce Company, a foreign corporation, as defendant, and the Citizens’ Bank of Pine Bluff, as garnishee. The basis of the suit is, that on the 26th day of January, 1920, the defendant shipped to the plaintiff from Kansas City, Kansas, to Pine Bluff, Arkansas, a mixed car of produce on shipper’s order bill of lading. A draft for the sum of $1,574.16,…
1Opinion of the CourtHart, J.
(after stating the facts). The theory of the plaintiff, which was adopted by the lower. court, is, that when the Merchants ’ Bank of Kansas City, Mo., purchased the draft drawn by the seller on the purchaser with bill of lading attached, the bank became the owner of the car of merchandise and responsible for the performance of the contract of the seller for the sale of the car of produce and was liable in damages for any loss suffered by the purchaser on account of the produce being rotten, or otherwise damaged.
There are cases sustaining the contention of the plaintiff, but they are opposed…
2Cases cited2 opinions
- Cox Wholesale Grocery Co. v. National BankSupreme Court of Arkansas · 1913
- Brown v. Yukon National BankSupreme Court of Arkansas · 1919