Lampl v. Hawkins

Citations

• 106 Kan. 423
• 188 P. 233
• 1920 Kan. LEXIS 532

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bill op Lading — Transferred to Bank by Indorsement — Credit Given Shipper — No Garnishable Interest Remained in Shipper. Where a shipper of goods by rail draws a draft on the consignee in favor of a bank, and surrenders the bill of lading to the bank, and receives credit, from the bank for the value of the draft, and the draft with the bill of lading attached is forwarded by the bank to its local banking correspondent at the place where the goods are to be delivered, and the consignee receives the bill of lading upon payment of the draft, and thereby obtains the possession of the goods, it is held that no garnishable interest of the shipper remained in the proceeds of the draft in the hands of the local banking correspondent, as the title to the goods had passed, either absolutely or as security, to the bank which extended credit thereon to the shipper; and this rule is unaffected by any question whether the shipper had checked against the credit given to him for the draft and bill of lading.</p> <p>2. Same. A consignor in Idaho shipped certain carloads of potatoes to consignees in Wichita. At the same time he drew drafts on the consignees in favor of his home bank in Idaho and surrendered to it the bills of lading for the potatoes. The bank gave him a credit on his checking account in consideration thereof, and forwarded the drafts with the hills of lading attached to a bank in Wichita. The consignees paid the drafts, and the bills of lading were surrendered to them. Pursuant thereto the railway carrier delivered the potatoes to the consignees. There was a shortage in quantity and defect in the quality of the potatoes. The consignees garnished the proceeds of the drafts while the money was still in the hands of the Wichita bank. The Idaho bank intervened. Held, that no garnishable interest in the money remained in the shipper; it belonged to the Idaho bank; and it is immaterial whether the consignor had checked against his depos