Hazard v. Illinois Central Railroad

Citations

• 67 Miss. 32

Syllabus

<p>1. Common Carriers. Bill of lading. Evidence. Bona fide holders. Act of March 16, 1886.</p> <p>This statute (Laws 1886, p. 93), provides that bills of lading shall be conclusive evidence in the hands of a bona fide holder against the person or corporation issuing the same that the property was actually received for shipment. This is not a mere rule of evidence, but was designed to change the character and legal effect of the contract. It does not apply to a bill of lading issued prior to its passage.</p> <p>2. Bill or Ladino. Assignment. Negotiability. Bona fide holder. Act of March 16, 1886.</p> <p>In the absence of a statute to the contrary, a bill of lading is not governed by the law merchant. Therefore in an action on a bill of lading, issued prior to the aforesaid aqt of 1886, any defense available to a carrier as against the party to whom it was issued may be set up against an assignee thereof, although the latter be a holder for value without notice.</p>