Armstrong & Kassebaum v. Coyne Bros.

Citations

• 64 Kan. 75
• 67 P. 537
• 1902 Kan. LEXIS 165

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vendor and Purchaser— Presumption from Manner of Consignment. One who sells goods to another to be shipped by carrier, but makes the shipment to himself as consignee, will be presumed, in the lack of evidence to the contrary, to intend a reservation of title in himself, and if the goods do not reach the buyer, the seller cannot recover for them on the theory that a delivery to the carrier was a delivery to the buyer and passed the title of the goods.</p> <p>2. -Requirement of Bond Invalid. A vendor of goods to be shipped by carrier cannot impose on the vendee an obligation to give the carrier a bond of indemnity against the vendor’s lien in order to obtain the goods, without showing a usage of trade or a special course of dealing between themselves to that effect.</p>