Scheuermann v. Monarch Fruit Co.

Citations

• 123 La. 55
• 48 So. 647
• 1909 La. LEXIS 672

Syllabus

<p>1. Sales (§ 230*) — Property Subject.</p> <p>. Where the owner and shipper has parted with his control of the goods, and cannot change their destination, his creditors cannot attach them.</p> <p>[Ed. Note. — For other cases, see Sales, Dee. Dig. § 230.*]</p> <p>2. Carriers (§ 58*) — Transfer of Bill of Lading.</p> <p>The transfer by indorsement of a bill of lading to shipper’s order vests the title to the goods in the transferee as purchaser or pledgee, as the case may he.</p> <p>■ [Ed. Note. — For other cases, see Carriers, Cent. Dig. §§ 179-190; Dec. Dig. § 5S.*J</p> <p>3.- Carriers (§ 50*) — Bill of Lading — Transfer — Validity — “Negotiable Instrument.”</p> <p>A bill of lading is a “negotiable instrument” by virtue of Act No. 150, p. 193, of 186S, and as such may be transferred for an ante- I cedent or pre-existing debt, or for any consideration sufficient to support a simple contract. Act No. 64, p. 152, of 1904 (Negotiable Instrument Law) § 24. A bill of lading, like any other negotiable credit, may be pledged by indorsement and delivery to secure any lawful obligation. Civ. Code, arts. 3136, 3158.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. § 168; Dec. Dig. § 56.*</p> <p>For other definitions, see Words and Phrases, vol. 5, pp. 4767-4770; vol. 8, p. 7731.]</p> <p>(Syllabus by the Court.)</p>