Farmers Union & Coöperative Ass'n v. Payne

Citations

• 111 Kan. 96
• 205 P. 1035
• 1922 Kan. LEXIS 182

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Car op Wheat — Bill of Lading with Draft Attached — Draft Paid — Title Passed to Purchaser — Action to Recover Loss of Wheat — Real Party in Interest. Plaintiff loaded a car of wheat at Wilsey under a “shipper’s order bill of lading” consigned to plaintiff at Salina, “notify the Hutchins Grain Company,” and drew a draft of $3,000 on the purchaser, indorsed it in blank, attached it to the bill of lading, deposited the draft in the bank and received credit for the amount, the draft having been paid by the purchaser. When the car arrived at Salina it was weighed and found to contain 27,570 pounds less than the amount loaded. Retaining the $3,000,. the shipper sued the railway company to recover for the loss of the wheat. Held, that title passed to the purchaser upon the payment of the draft {Bennett v. Railway Co., 106 Kan. 95, 186 Pac. 1005; on rehearing affirmed, 107 Kan. 17, 190 Pac. 757), and the plaintiff not being the real party in interest, a demurrer to the evidence was rightly sustained.</p>