Alderman v. Eastern Railroad Co.
| Decision Date | 18 June 1874 |
| Citation | 115 Mass. 233 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Jesse F. Alderman & another v. Eastern Railroad Company |
Suffolk. Tort for the conversion of a car-load of oats. In the Superior Court judgment was rendered for the defendant on an agreed statement of facts, in substance as follows, and the plaintiff appealed to this court:
On March 13, 1871, Botsford, Hibbard & Company, of Detroit Michigan, delivered the car-load of oats in question at Detroit, to a line of transportation known as the Blue Line Through Freight Company, to be transported to Salem Massachusetts, and there delivered to the order of Botsford Hibbard & Co., and received from that company a bill of lading accordingly. The oats were duly forwarded to Boston and there delivered to the defendant, and were by it transported to Salem, consigned to Botsford, Hibbard & Co.
The oats had been forwarded by Botsford, Hibbard & Co. at the request of C. H. Chandler & Co. of Boston, and the bill of lading was sent by the consignors to a bank in Boston, with a draft for the price of the oats attached, drawn on Chandler & Co. The bank was authorized to indorse over the bill of lading to Chandler & Co. upon payment of the draft. The bill of lading and draft were duly received by the Boston bank, and the draft was accepted by Chandler & Co. on March 16, 1871. On March 18 the plaintiffs advanced to Chandler & Co. funds sufficient to take up the draft, and it was taken up by Chandler. At the same time the cashier of the bank, in pursuance of his authority, indorsed the bill of lading to Chandler & Co., who immediately indorsed it over to the plaintiffs to secure them for the money advanced by them to pay the draft.
Before, however, the bill of lading had been indorsed to the plaintiffs, Chandler & Co. sold a car-load of oats to arrive, to Beckford & Dodge, of Salem, and upon the arrival at Salem of the car-load described above as forwarded by the Blue Line, Chandler & Co. informed Beckford & Dodge by letter that this was the car-load of oats bought by them and intended for them, and authorized them to take it. This information and authority were communicated to the defendant by Beckford & Dodge, and the oats were thereupon delivered to them. This delivery was subsequent to the indorsement of the bill of lading to the plaintiffs.
No bill of lading was ever exhibited to the defendant, and it had no knowledge of its existence until after the delivery of the oats to Beckford & Dodge, but the way bills of the Blue Line Company made out against Botsford, Hibbard & Co....
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