Hutchings v. Missouri, Kansas & Texas Railway Co.

Citations

• 84 Kan. 479
• 114 P. 1077
• 1911 Kan. LEXIS 357

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Law op Another State — Determination by Court or Jury. A question as to what is the law of another state, although one of fact, is ordinarily to be determined by the court without the intervention of the jury.</p> <p>2. - Same. Where the question as to what is the law of another state depends upon the effect to be given to a decision made by its court of last resort and upon the interpretation of a statute, and all the reported decisions relating to the matter are admitted, and show a difference of judicial opinion, there is no occasion for evidence on the subject. Under such circumstances the question should be decided by the court practically as one of law. *</p> <p>3. Bill op Lading — Negotiability. A statute of Missouri provides that “all . . . bills of lading . . . issued . . . by any . . . railroad . . . company . . . shall be . . . negotiable by written indorsement thereon, and delivery in the same manner as bills of exchange and promissory notes.” (3 Rev. Stat. Mo. 1909, § 11,956.) In that state bills of lading were' already negotiable in the sense of being transferable by indorsement and delivery so as to enable the assignee to sue in his own name. Held, that the statute makes them negotiable in the stricter meaning of the term — that is, it gives them the quality of investing an innocent purchaser with greater rights than those possessed by the original holder.</p> <p>4. -Issuance without Receipt of Goods — Innocent Purchaser. Under such a statute a railroad company is bound by a bill of lading which has passed into the hands of an innocent purchaser, although no goods were in fact received by it.</p> <p>5. - Crime to Issue without Receipt of Goods — Negotiability. The rule is not altered by the fact that the statute makes it a criminal offense for any agent of a railroad company to 'issue a bill of lading unless the goods have actually been received.</p>