First National Bank v. Northern Pacific Railway Co.

Citations

• 28 Wash. 439
• 68 P. 965
• 1902 Wash. LEXIS 502

Syllabus

<p>CARRIERS-DELIVERY OP GOODS-PRODUCTION OP BILL OP LADING REQUISITE.</p> <p>Under both commercial usage and the statute of this state, where a carrier issues a bill of lading for goods delivered to it for shipment, it should demand and receive the bill of lading before delivery in order to avoid liability; and even its delivery of the goods to a consignee designated in the bill of lading will not exonerate it from liability unless such delivery be made upon the production of the bill of lading.</p> <p>SAME-INDORSEMENT OP BILL OP LADING.</p> <p>Under Bal. Code, § 3600, which provides that “when a bill of lading or warehouse receipt is made to ‘bearer,’ or in equivalent terms, a simple transfer thereof by delivery conveys the same title as an indorsement,” the power of indorsement is not restricted to the consignee, but the carrier who has delivered such a bill of lading to the shipper is conclusively charged with knowledge of the fact, and of its negotiability both by custom and statute.</p>