L. Marks' Sons v. West Tennessee Grain Co.

Citations

• 119 Miss. 465
• 81 So. 162

Syllabus

<p>Wabranties. Parties liable. Assignee of bill of lading.</p> <p>Where a non-resident bank at two different times took assignments of drafts with bills of lading attached for two different shipments of grain sold to the same buyer by the same seller, the bank was a co-warrantor with the seller in both transactions in warranting the soundness and merchantable condition of the grain, and the amount received by the bank upon the second draft could be attached in chancery by the buyer for a breach of warranty of soundness and merchantability of the grain in the first shipment.</p>