Miller v. American National Bank
Mississippi Supreme Court
From the circuit court of Adams county. Hon. W. P. Cassedy, Judge. Charles G. Miller, the appellant, was the plaintiff in the court below; the American National Bank, appellee, was defendant there. Appellant, Miller, of Natchez, contracted to buy from Lowry Hay & Grain Co., of Kansas City, Missouri, a car load of corn, to be delivered at Natchez, the seller guaranteeing the corn would be sound.
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From the circuit court of Adams county. Hon. W. P. Cassedy, Judge. Charles G. Miller, the appellant, was the plaintiff in the court below; the American National Bank, appellee, was defendant there. Appellant, Miller, of Natchez, contracted to buy from Lowry Hay & Grain Co., of Kansas City, Missouri, a car load of corn, to be delivered at Natchez, the seller guaranteeing the corn would be sound. The corn was shipped consigned to order of American National Bank, of Kansas City, Mo., and to the bill of lading was attached a draft for $232.65, the purchase money of the corn. The draft was drawn…
1Opinion of the CourtWhitfield, J.
The damages for the breach of the warranty of the Lowry Hay & Grain Company arose out of contract, and were a valid set-off to any suit by the latter against appellant, and might have been recovered of it by him, in assumpsit, as money had and received to his use. He had the same rights defensively and affirmatively against the appellee, the assignee of the Lowry Hay & Grain Company, whether the bill of lading vested the title to the corn in appellee or not. Treating the appellee as owning only the draft, and holding the bill of lading as collateral security, appellant only connected himself…
2Cases cited2 opinions
- Millsaps v. Merchants & Planters' BankMississippi Supreme Court · 1892
- Wilkinson v. SearlesMississippi Supreme Court · 1892
3Cited by5 opinions
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- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908