Merchants & Manufacturers Bank v. Phillip J. Toomer Lumber Co.

Citations

• 115 Miss. 647
• 76 So. 565

Syllabus

<p>1. Sale. Passing of title.</p> <p>Where there was an unconditional sale of a carload of lumber, the title passed to the buyer, when the lumber was delivered to the railroad for transportation to the consignee buyer.</p> <p>2. Sale. Unconditional delivery to consignee. Bill of lading.</p> <p>Where a carload of lumber was delivered to a railroad for shipment to the buyer thereof, and the bill of lading for the same named the buyer as consignee, in such case the bill of lading was prima-facie evidence oí an unconditional delivery to the consignee.</p> <p>3. Sale. Passing of title. Delivery to carrier. Intention.</p> <p>Where goods are delivered by a vendor to a common carrier consigned to the vendee, the question whether the title thereby passes from the vendor to the vendee depends upon the intention of the vendor, which intention is to be gathered from all the circumstances of the transaction.</p> <p>4. Carriers. Transfer of bill of lading. Title.</p> <p>An assignment or transfer of the invoice or bill of sale of a carload of lumber by the consignor to a bank, together with the delivery of the bill of lading, vested in the bank whatever title the consignor had to such lumber, this assignment and delivery constituted a symbolical delivery Of the carload of lumber.</p> <p>5. Sale. Retention of bill of lading and delivery to bank. Effect.</p> <p>The retention of a bill of lading covering a carload, of lumber-by the consignor and the delivery of it, together with an assignment of the invoice of the lumber to a bank, in the absence of any testimony as to an absolute sale of the property to the consignee, shows that the consignor did not intend to part with its title or right of jus disponendi over the carload of lumber by the consignment to the consignee of the lumber.</p> <p>6. Same.</p> <p>Where the bank upon becoming the purchaser of the carload of lumber, as above stated, inclosed the bill of lading, together with the invoices, to the consignee, expressly stating i