Miller v. American National Bank
Citations
- 76 Miss. 84
Syllabus
<p>1. Bills and Notes. Draft attached to bill of lading. Anti-commercial statute, code 1892, § 3503.</p> <p>A draft for the price of goods drawn in another state on the purchaser in this state, payable and accepted here, which is, before acceptance, assigned, with.the bill of lading for the goods, in such other state, is within our anti-commercial statute, § 3503, code 1892.</p> <p>.2. Same. Bight of purchaser against assignee of draft for purchase money.</p> <p>If the purchaser of goods shipped, under contract warranting the quality of the goods, from another state to this state, in order to obtain an inspection and the possession of the goods, pay a draft, payable and accepted here, drawn for the purchase price and attached to the bill of lading, and there be afterwards discovered, on inspection of the goods, a breach of warranty, he can maintain an action against an assignee 'of the draft and bill of lading, to whom payment was made, for the recovery of his damages.</p>
Judges: Whitfield
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