Marine National Bank of Buffalo v. Baringer

Citations

• 46 Pa. Super. 510
• 1911 Pa. Super. LEXIS 307

Syllabus

<p>Bills of lading — Draft—Assignment—Carriers.</p> <p>1. A bill of lading takes the place of the property described therein, and an assignment of it gives to the person to whom it is transferred such title as the assignor had, and this only when it is the intention of the parties that such change of title shall take effect.</p> <p>2. A consignor can only transfer title by delivery of the bill of lading while title to the property is in himself.</p> <p>3. The discounting of a draft attached to a flat bill of lading for a car of corn does not give the discounting bank an equitable lien upon the car of corn, where no act on the part of the consignor creating such a lien is shown, and where the consignee had no notice that the bank had discounted the draft.</p> <p>4. Where there is nothing in the bill of lading to show that the consignor was the owner of the corn at the time the draft was discounted, a lien cannot be asserted as an inference from the fact of the delivery of the bill of lading at the time the draft is assigned to the bank.</p>