Exchange National Bank v. Searles Bros.

Citations

• 81 Miss. 169

Syllabus

<p>Sales. Draft with bill of lading. Transfer by consignor. Bights of consignee. Code 1892, § 3503.</p> <p>A bank which has bought a consignor’s draft for the price of a commodity, and taken an assignment of a bill of lading therefor, occupies, as to the consignee, the situation of the consignor only' as to the goods represented by the bill of lading, and the consignee, after paying the draft and receiving the bill of lading and goods, may subject the proceeds of the draft in the hands of a collecting bank to his demand for damages resulting from shortage in weights and defective quality of the particular goods represented by the bill of lading, but not from the failure of the eonsig'nor to deliver other goods, although they may be included in the one contract of sale. ISearles Bros. v. Smith drain Co., 80 Miss., 688, explained, first syllabus thereof limited.]</p>