Bennett v. Dickinson

Citations

• 106 Kan. 95
• 186 P. 1005
• 1920 Kan. LEXIS 461

Syllabus

<p>syllabus by the court.</p> <p>1. Bill op Lading — With “Shipper’s Order” and “Notify Purchaser” Clauses — Draft Attached — Title Does Not Pass Until Draft is Paid. The term “shipper’s order” as used in bills of lading is well understood, and means that the title remains in the shipper until he orders the delivery of the goods. Under a shipment of a car of corn consigned by the seller to himself, “notify the purchaser,” the bill of lading having attached thereto a customer’s draft drawn by the seller on the purchaser and sent to a bank for collection, the title does not pass to the purchaser until the draft is paid and the bill of lading surrendered, in the absence of evidence to overcome the presumption that this was the intention.</p> <p>2. Same. It is a common practice, where a. bill of lading provides for delivery to the consignor’s order and has gone forward attached to a draft on the purchaser or other person by whom payment is to be made, to give directions that such person be notified on the arrival of the goods in order that he may pay the draft and procure the goods. The very presence of the word “notify” in such a case shows that the person named is not intended as the consignee, but is simply to be advised on the arrival of the goods. The fact that a bill of lading is made out to the consignor’s order, to which is attached a draft drawn upon the person to be notified, makes this still plainer.</p> <p>3. Same. Plaintiff, who was in business at Topeka, contracted to purchase a carload of corn from a shipper at Clayton, Kan., “basis track Clayton buyer’s routing.” In the letter of confirmation the shipper was directed to bill the car of corn “to us at Shady Bend, Kansas, via Colby and draw on us in the usual manner with papers attached.” The shipper followed the instructions, and procured a “shipper’s order notify” bill of lading, to which he attached a customer’s draft drawn on the purchaser, which was sent through the banks for collection. The corn was