Bonds-Foster Lumber Co. v. Northern Pacific Railway Co.

Citations

• 53 Wash. 302
• 101 P. 877
• 1909 Wash. LEXIS 1318

Syllabus

<p>Carriers — Of Goods — Bill of Lading — Negotiability. Delivery by the consignor of a carrier’s bill of lading passes no right to the property, where the bill acknowledged receipt of the property from the consignor, gave the name of the consignee and destination, and was stamped in large letters across its face, “not negotiable or assignable,” and contained no stipulation reserving ownership in the consignor; as the same is in effect but a receipt for the lumber with a contract that it shall not be assigned.</p> <p>Same — Statutes—Construction. Bal. Code, § 3601, providing that a bill of lading does not alter the rights or obligations of the carrier as defined in the negotiable instrument law, unless plainly inconsistent therewith, authorizes the parties to agree upon a bill of lading that is nonnegotiable; although Bal. Code, § 3598, declares that all bills of lading are negotiable.</p> <p>Assignments — Right of Assignee. The assignee of a contract which expressly declares that it is not negotiable or assignable acquires only, a cause of action against the assignor.</p>