Campbell & Clough v. Alford

Citations

• 57 Tex. 159
• 1882 Tex. LEXIS 113

Syllabus

<p>1. Bill of lading — Consignment.—B. having received advances from C. & C., of Galveston, on the faith of his agreement to ship them certain goods, delivered the goods to a carrier to be transported to Liberty, the carrier executing duplicate bills of lading specifying that the goods were to be delivered to the care of W. at Liberty, to be forwarded to C. & C. After delivering without indorsement one of these bills of lading to C. & C., B. procured from A. & Co. advances on the same goods, they having inquired of W., and being informed by him that he held the goods subject to the order of B. W. had never seen or had notice of the bill of lading. Held,</p> <p>(1) That the rights of the pledgees attached when the goods were delivered to the carrier under a bill of lading declaring that the goods were to be forwarded to them.</p> <p>(2) That the delivery of such a bill of lading to the pledgees whilst the goods . were in transit, although without indorsement, was a sufficient consummation of the agreement, if so intended.</p> <p>(3) That thereafter the rights of the pledgees were superior to those of the original owner, or any acquired through him, and this, too, although the warehouseman and forwarding agent at Liberty, having no notice of the bill of lading, held the goods subject to the order of the shipper.</p>