Ranney-Davis Mercantile Co. v. First National Bank

Citations

• 105 Kan. 474
• 185 P. 287
• 1919 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bill op Lading — Transferred by Indorsement — Title of Goods Vests in Indorsee — Garnishment. In a shipment of goods, the consignor, who was indebted to a bank, indorsed the bill of lading and drew a draft in favor of the bank to be applied on his indebtedness to it. The bank forwarded the bill of lading and draft to its correspondent and the consignee paid the draft and obtained possession of the goods, but immediately attached the proceeds of the same in the hands of the correspondent for a debt of the consignor. Held, that the transfer of the draft and bill of lading transferred the title of the goods to the bank, and the consignee took them subject to the rights of the bank, and the proceeds of the shipment were not subject to attachment for a debt due to the consignee from the consignor.</p> <p>2. Same — Bill of Lading — Transferred by Indorsement — Prima Facie Intent of Indorser. The indorsement and delivery of a negotiable draft with bill of lading attached implies an intent to transfer the title to the goods, .and strong evidence is required to show that the intention was other than these acts indicated.</p> <p>3. Same — No Collusion or Bad Faith Shown. Upon an examination of the evidence, it is held that there is nothing in it adverse to the implied intent of the parties, nor anything to show collusion or bad faith in the transfer.</p>