Wickens v. Scheuer

Citations

• 118 Wash. 614
• 204 P. 780
• 1922 Wash. LEXIS 715

Syllabus

<p>Carriers (14-2) — Bnxs of Lading — Indorsement or Other Transfer. Where it is the intention of parties to pass title to goods by the indorsement of a bill of lading, the title duly passes; and such intent is shown by letters of credit issued to an importer, which required the draft against it to be attached to a bill of lading, indorsed to the bank issuing the letter of credit, and required documents of title and insurance for the bank’s protection.</p> <p>Same (10] — Bnxs of Lading — Authority of Agent. When a broker for an importer receives goods in transit to which title has passed to bankers under letters of credit and indorsement by the importee of bills of lading, the broker takes the goods as agent of the bankers, although the broker is unaware of the situation and was at the same time acting as agent of the importer in other matters.</p> <p>Same (14-2) — Bnxs of Lading — Transfer. The surrender by a broker of bills of lading upon delivery of the goods covered thereby would render duplicate bills void only so far as the carrier is concerned and would not affect the contract of other parties respecting such bills.</p> <p>Same (14-2). Where an importer never had possession of goods whose title had passed to banks on indorsement of the bills of lading to them on letters of credit issued to the importer, the fact that the importer had the right to obtain the goods upon payment of the sums due the banks would not subject the goods to any liability to his creditors.</p> <p>Attachment (8) — Property Subject — Ownership or Possession of Property. The inchoate right of a debtor to obtain goods whose legal title and right to possession had been vested in banks upon payment of advances made by them, would not subject the goods to liability to attachment by his creditors.</p>