Storey v. Hershey

Citations

• 19 Pa. Super. 485
• 1902 Pa. Super. LEXIS 135

Syllabus

<p>Carriers — Common carriers — Bills of lading — Delivery.</p> <p>Bills of lading are symbols of property, and when properly indorsed and delivered operate as a constructive delivery of the property itself, which serves all the purposes of an actual possession. When according to the terms of the bill of lading the property is to be delivered to the order of the consignor, the carrier becomes the agent of the consignor for the purpose of transportation, and the possession of the agent is the possession of the consignor. When the consignor indorses and delivers the bill to another, it works a constructive transmutation of possession, and the carrier who was agent for the consignor becomes the agent of his indorsee. There must, however, be an actual possession of the property in the agent in order to sustain a symbolic delivery by the principal.</p> <p>When the parties to a transfer of a bill of lading know that the property has, prior to the transfer, been by legal process taken from the possession of the carrier, the indorsement and delivery of the bill of lading cannot operate as a transfer of the possession of the property.</p> <p>A contractor for railroad work agreed in writing to sell' nineteen flat cars, and to deliver them at a point designated, further agreeing to put at his own expense the cars in such shape that they would be accepted by a railroad company for shipment. The vendor procured a bill of lading for the nineteen cars made to the order of himself, “ notify consignee,” named who were the vendees. The bill of lading was duly indorsed, and was attached to a draft and mailed to the consignees. Subsequently the railroad company notified the contractor that four of the cars were not in a condition to be accepted. The contractor thereupon paid the company money for the repair of the ears, and they were sent to the repair yard. The other fifteen cars were forwarded in accordance with the terms of the bill of lading. Before the repairs of the four cars wer