Miller v. American National Bank
Miller v. American National Bank
Opinion of the Court
delivered the opinion of the court.
The damages for the breach of the warranty of the Lowry Hay & Grain Company arose out of contract, and were a valid set-off to any suit by the latter against appellant, and might have been recovered of it by him, in assumpsit, as money had and received to his use. He had the same rights defensively and affirmatively against the appellee, the assignee of the Lowry Hay & Grain Company, whether the bill of lading vested the title to the corn in appellee or not. Treating the appellee as owning only the draft, and holding the bill of lading as collateral security, appellant only connected himself with that draft by his contract of acceptance, made and payable in Natchez, and hence clearly within our anti-commercial statute. Appellant had a good cause of action against appellee. Wilkinson v. Searles, 70 Miss., 392; Millsaps v. Bank, 69 Miss., 918.
Judgment reversed and cause remanded.
Reference
- Full Case Name
- Charles G. Miller v. American National Bank
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Bills and Notes. Draft attached to bill of lading. Anti-commercial statute, code 1892, § 3503. A draft for the price of goods drawn in another state on the purchaser in this state, payable and accepted here, which is, before acceptance, assigned, with.the bill of lading for the goods, in such other state, is within our anti-commercial statute, § 3503, code 1892. .2. Same. Bight of purchaser against assignee of draft for purchase money. If the purchaser of goods shipped, under contract warranting the quality of the goods, from another state to this state, in order to obtain an inspection and the possession of the goods, pay a draft, payable and accepted here, drawn for the purchase price and attached to the bill of lading, and there be afterwards discovered, on inspection of the goods, a breach of warranty, he can maintain an action against an assignee 'of the draft and bill of lading, to whom payment was made, for the recovery of his damages.