110 Ky. 299 | Ky. Ct. App. | 1901
Opinion op the cotjbt by
Affirming.
B. D. Chalkley & Co., who are merchants at Richmond, Va., received an order from L. Marx & Bro., merchants at Louisville, Ky., for ten bales of dry hides. Chalkley & Co. shipped tbe hides to Louisville, and took a bill of lading consigning the bides to their own order. They then dre-w a draft on Marx & Bro. for $l,735.6lf), the amount for which the hides were sold, and sol'd the draft to the appellee, the Planters’ National Bank of Virginia, with the bill of lading attached. At the foot of the bill of lading was this indorsement.; “L. Marx & Bro. to be notified.” Tbe bank forwarded the draft, with the bill of lading attached, to its correspondent at Louisville for collection on its own, account, having paid Chalkley & Co. the amount of it, less the discount. AVhen the hides reached Louisville, Marx & Bro. refused to receive them on the ground that they did nut come up to the sample; and while the hides were lying in the railroad depot they were attached by M. Sabel &
Petition by appellant for rehearing overruled.