Richardson v. Hutchinson

Citations

• 20 Fla. 21

Syllabus

<p>1. The effect of a consignment of goods generally is to vest the property in tlie consignee, hut if tlie hill of lading is special to deliver tlie goods to the consignee for the use of or on account of a party not tlie consignee the property vests in such party.</p> <p>2. In such case the bill of lading is prima facie evidence of the fairness of the transaction, and is sufficient to raise a presumption of property in tlie person for whose use and account tlie consignment is made.</p> <p>3. Where, however, tlie consignment thus made is by an insolvent debtor and there are facts and circumstances from which tlie jury might infer that tlie transaction was colorable and fraudulent, and that there was nothing due to the party on whose account the shipment was made, a verdict of a jury thus finding, approved by the Circuit Court, should not bo set aside by this court.</p> <p>4. (4eueral statements of an insolvent debtor as to the amount of his indebtedness to one of two contending creditors, both the insolvent debtor and such one of the contending creditors failing to give any itemized account or clear exhibit ol’ the alleged debt, cannot be regarded as conclusively establishing the debt in a ease surrounded with other suspicious circumstances.</p>