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· 7/9/1921

Northwestern National Bank v. Peoples State Bank

Citations

  • 109 Kan. 506
  • 200 P. 278
  • 19 A.L.R. 551
  • 1921 Kan. LEXIS 307

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Banks — Failure to Collect Draft Accompanying Bill of Lading — Measure of Da/mages. The seller of certain cars of potatoes drew sight drafts on the purchaser in favor of the plaintiff bank and attached them to the bills of lading with instructions to deliver on payment of drafts only. The plaintiff bank sent the bills with drafts attached to the defendant bank which bank delivered the bills of lading without collecting the drafts. In a suit for damages against such bank for failure to follow instructions, held, that actual damages only can be recovered — in this case nothing, as the plaintiff received all that the potatoes brought and were actually worth.</p>

Judges: West

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