Western Union Railroad v. Wagner

Citations

• 65 Ill. 197

Syllabus

<p>1. Sale—transfer of title ~by warehouse receipt or Mil of lading. The transfer of a warehouse receipt or bill of lading, accompanied by a sale or pledge of the property specified in the receipt or bill, will have the same effect as the delivery of the property itself to the transferee.</p> <p>2. Same—conditional delivery. Where the vendor of a lot of butter delivered it at a railway station, and authorized the railway agent to issue a bill of lading to the vendee, under a verbal agreement with the vendee and the agent that it should not be shipped until the balance of the purchase price was paid, and the vendee pledged the bill of lading to a third party, who advanced him the value of the butter, without any notice of the verbal agreement: Seld, that while the verbal agreement may have been sufficient as between the vendor and vendee, yet it was not of the slightest avail as to the third party; and by consenting to the delivery of the bill of lading, the vendor enabled the vendee to transfer a good title to any person dealing with him, without notice of the conditions annexed to the delivery.</p>