Fifth Nat'l Bank of Chicago v. Bayley
| Decision Date | 18 June 1874 |
| Citation | 115 Mass. 228 |
| Parties | Fifth National Bank of Chicago v. Benjamin F. Bayley |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Argued November 14, 1873.
Suffolk. Replevin of four hundred barrels of flour. In the Superior Court judgment was ordered for the plaintiff on agreed facts in substance as follows, and the defendant appealed to this court.
On June 5 and 6, 1871, R. H. Sage owned and shipped at Chicago for Boston five hundred barrels of flour by bills of lading whereby the flour was deliverable to his own order. On the same days he made drafts in favor of I. G. Lombard, the plaintiff's cashier, upon E. Williams & Company Boston, one for $ 1800, and the other for $ 1000, and attached the bills of lading thereto, and indorsed on each bill of lading, "Deliver the within to the order of E Williams & Co. R. H. Sage," and delivered the bills of lading to the plaintiff as collateral security for the payment of the said sums which the plaintiff advanced him thereupon. The plaintiff then forwarded all the papers to Boston for collection.
These drafts were duly presented to E. Williams & Co., who refused to accept them, and they were immediately returned to the plaintiff.
On June 13, when the $ 1000 draft was received by the plaintiff in Chicago, Sage delivered to the plaintiff, in exchange for it a draft on Crockett Brothers for $ 1000, and for the returned bill of lading which was delivered up to the transportation company. a new original bill of lading, indorsed "Deliver to the order of Crockett Bros. R. H. Sage." The plaintiff then forwarded all the papers to Boston for collection.
On June 16, when the $ 1800 draft on E. Williams & Co. arrived in Chicago, Sage paid the plaintiff on account, $ 300, and delivered to the plaintiff, in exchange for the balance of the returned draft, a new draft for $ 1500, on Crockett Brothers, and for the returned bill of lading, which was delivered up to the transportation company, a new original bill of lading, indorsed, The plaintiff then forwarded all the papers to Boston for collection.
Both lots of flour arrived in Boston, and while in the carrier's hands, two hundred barrels were attached by the defendant, a deputy sheriff, upon a writ in favor of a creditor of Sage, on June 16, and two hundred barrels on June 19.
Crockett Brothers refused to accept the drafts, which, with the other papers, were then immediately returned to the plaintiff, who again, and after the attachments had been made, exchanged ...
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