Century Throwing Co. v. Muller

Citations

• 197 F. 252
• 116 C.C.A. 614
• 1912 U.S. App. LEXIS 1285

Syllabus

<p>1. Carriers (§ 58*) — Biel of Lading — Banker’s Title — Advances to Pay for Goods — Delivery on 'Trust Receipt.</p> <p>A bank which, under an arrangement made in accordance with well- . established commercial custom, furnished credit for the purchase of goods for import by acceptance of a draft at six months, and took the . bills of lading in its own name, became the legal owner of the goods, and not merely a pledgee, and its title was not divested by permitting the company for which the importation was made to take the goods on signing a trust receipt binding it to hold the same or their proceeds for the bank until it paid the purchase price. In such case, where the transaction was in good faith, it is not fraudulent in law, and the courts will recognize and protect the bank’s title as against one to whom the company in possession attempted to pledge the goods.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. §§ 179-190; Dec. Dig. § 58.*]</p> <p>2. Bailment (§ 18*) — Lien—New Jersey Statute — Throwster’s Lien.</p> <p>• The throwster’s lien given by 3 Comp. St. N. J. 1910, p. 3140, § 66, on goods coming into their possession for treatment for accounts due them for work done on “other goods of such owner or owners,” must be limited to actual ownership, as distinguished from apparent ownership due to possession, and a bailee cannot subject goods in his possession to a lien for work done on other goods in which the owner of the bailed goods had no interest.</p> <p>[Ed. Note. — For other eases, see Bailment, Cent. Dig. §§ 77-79, 81, 84; Dec. Dig. § 18.*]</p>