153 S.W. 1175 | Tex. App. | 1913
Appellant's contention is that inasmuch as appellee bank delivered the bill of lading to Shields contrary to its instruction, without first requiring full payment of the draft drawn, that it thereby made itself liable to appellant. This is true, but what was the extent of its liability? Clearly the damages suffered by appellant. By indorsement of said draft, with bill of lading attached, the appellant bank became the owner of said corn to the extent of enforcing a lien against the same. It occupied a similar position to a mortgagee in possession. When it was wrongfully deprived of this possession, it was entitled to recover against the wrongdoers (the appellee bank and Shields in this case, had it seen proper to have sued Shields) the amount of damages suffered by such wrongful act; and this was the value of the corn at the time the same was wrongfully converted by Shields, with the connivance of the appellee bank. In Landa v. Lattin,
Finding no error in the judgment of the trial court, the same is affirmed.
Affirmed.