Bacharach & Co. v. Chester Freight Line
Citations
- 133 Pa. 414
- 19 A. 409
- 1890 Pa. LEXIS 916
Syllabus
<p>1. When goods are delivered to a carrier, consigned generally to a purchaser at the city of Ms business and without any particular place of delivery designated, the title of the consignor passes upon delivery of the goods to the carrier.</p> <p>2. In such ease, the carrier, by a condition in the bill of lading, cannot subject the goods to a lien for prior freights due from the consignor on other consignments of goods, and refuse to deliver until such prior freights are paid.</p> <p>3. Though the consignee at first refuse to accept delivery, because of a mistake on his part, on his discovery thereof and demand made before the rights of others have intervened he may still enforce his right to the goods by replevin against the carrier.</p>
Judges: Clark, Gbeen, Green, McCollum, Mitchell, Paxson, Williams
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