Illustrative Cases on the Law of Sales (Classic Reprint)

Download or read book Illustrative Cases on the Law of Sales (Classic Reprint) written by Roger W. Cooley and published by Forgotten Books. This book was released on 2017-09-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Illustrative Cases on the Law of Sales If the H. C. Keeble Company, instead of having the cotton stored in the warehouse of Phillips 81 Parish, had retained possession of it until, without any authority or license from the appellee, the cotton itself was delivered to the bank in pledge to secure the payment of the note of the H. C. Keeble Company, it is plain that the bank would not have acquired any greater title to the property than that company had to confer, and the appellee would have been entitled to recover the cotton from the bank, or to hold the bank liable for its conversion. But it is claimed that the factor, having stored the cotton in a warehouse, and obtained warehouse receipts therefor to itself, was enabled, by the transfer Of those receipts, to confer upon the bank a claim to the cotton which must prevail against the title of the true owner. Section 1178 Of the Code is relied upon as giving this effect to the transfer Of warehouse receipts by the persons to whom they are issued. The clause of that section upon which this claim is based is in the following words: The receipt of a ware houseman, on which the words 'not negotiable' are not plainly writ ten or stamped, may be transferred by the indorsement thereof, and any person to whom the same is transferred must be deemed and taken to be the owner of the things or property therein specified, so far as to give validity to any pledge, lien, or transfer made or created by such person. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.