E. B. Williams & Co. v. Dotterer

Citations

• 111 La. 822
• 35 So. 921
• 1903 La. LEXIS 571

Syllabus

<p>STOPPAGE IN TRANSITU—VALIDITY OP NOTICE —SURRENDER BY AGENT—LIABILITY TO AGENT.</p> <p>1. Where merchandise, consisting in this case of lumber, is shipped by barge, consigned to New Orleans, to “shipper’s order,” and the consignor, who has taken no bill of lading, orders the agent of the barge line, who is also his agent, to deliver the same, and, the vendee of such consignor assenting thereto, the lumber is delivered to a third person, to whom such vendee, in turn, has sold it, and who pays the freight and part of the purchase price, and causes the lumber to be unloaded and placed in the possession of an agent selected by him, who receives and holds it for his account, the subsequent issuance of a bill of lading by the barge line, antedated as of the date of the shipment, and the service by the consignor upon the agent of such third person in possession of the lumber of a notice of “stoppage in transitu,” are, to say the least, useless acts, as affecting the ownership or control of the lumber; and its surrender by such agent to the consignor is without right or authority, and renders him_ liable to his principal for the loss thereby sustained.</p> <p>Breaux, J., dissenting.</p> <p>(Syllabus by the Court.)</p>