185 S.W. 61 | Tex. App. | 1916
The petition may properly be treated as a suit for damages as of conversion by misdelivery of the shipment. And it is believed that under the proof in the case the appellee may maintain this suit. It is the rule that where the carrier has notice that the consignee is not the owner of the goods, nor entitled to unconditionally receive them, a delivery to the consignee in violation of the rights of the shipping owner will make the carrier liable for the damages sustained. Express Co. v. Dickson,
J. R. Shipp having assigned his claim to appellee, the appellee may sue thereon; and appellant would be protected against any further judgment on the part of J. R. Shipp. Thompson v. Cartwright,
The judgment is affirmed. *304