Selleck v. Macon Compress & Warehouse Co.

Citations

• 72 Miss. 1019

Syllabus

<p>1. Bailment. Warehouse receipts. Transfer. Replevin lry bailor.</p> <p>A bailor whose warehouse receipts for cotton in store are held in pledge by a third person, cannot, either in his own name or for the use of the pledg-ee, maintain replevin therefor, or trover for its conversion.</p> <p>2. Ghanceby Jukisdiotion. Bailment. Confusion of goods. Mislalte. Parties.</p> <p>Complainant sold cotton for which she held warehouse receipts, but, through mistake, delivered to the purchaser bills of lading for a like quantity which the warehouse had received from a railroad for her. These were replaced by warehouse receipts, on surrender of which, the quantity of cotton called for, was, by the warehouse company, delivered to the purchaser. Complainant subsequently pledged her receipts to a bank, but the warehouse company refused to honor them, claiming- that the cotton called for by them had been delivered to said purchaser, and refused to deliver the other cotton because complainant did not have the bills of lading. Held, that the mistake and consequent confusion gave equity jurisdiction to compel delivery of the remaining cotton to the bank on surrender of its receipts, and for payment to complainant of the surplus, and that in such suit, the bank is a proper party.</p>