Ware v. Chason

80 S.E. 21, 14 Ga. App. 47, 1913 Ga. App. LEXIS 401

Opinion

Russell, C. J.

1, Under the ruling in Erwin v. Harris, 87 Ga. 333 (2), delivery of a shipment to a carrier, with a bill of lading to the order of the shipper, attached to a draft, does not constitute delivery to the consignee, but the carrier is an agent of the shipper, and title does not pass to the would-be purchaser. See, also, Moss v. Sell, 8 Ga. App. 588 (70 S. E. 18).

2. One who purchases personal property presumably upon his personal credit and financial standing, and not as a cash transaction, is not bound to accept the property when shipped with a draft attached to the bill of lading.

3. Under the pleadings and the testimony adduced in behalf of the plaintiff, the court,did not err in awarding a nonsuit. Judgment affirmed.

Bush & Stapleton, for plaintiff, cited: Civil Code, §§ 3222-3; Castlen v. Marshburn, 8 Ga. App. 400. T. S. Hawes, Erle M. Donalson, for defendant, cited: Civil Code, §§ 4125-6; Moss v. Sell, 8 Ga. App. 588; Erwin v. Harris, 87 Ga. 333 (2).