DocketNumber: Docket No. 60
Citation Numbers: 146 Mich. 384
Judges: Blair, Grant, Hooker, Montgomery, Ostrander
Filed Date: 11/13/1906
Status: Precedential
Modified Date: 9/8/2022
This action was brought to recover on one of a series of notes given by defendants to plaintiff for a quantity of whisky purchased from plaintiff by defendants, and for which plaintiff delivered defendants a bonded warehouse receipt.
Aside from names, dates, and amounts, the warehouse receipt involved in this case is the same as those involved in Julius Kessler & Co. v. Veio, 142 Mich. 471, and Julius Kessler & Co. v. Zacharias, 145 Mich. 698. The purchase of the goods, the giving of the notes and of the receipts are the same as in Julius Kessler & Co. v. Zacharias.
The defense in this case is based upon the alleged non-negotiability of the warehouse receipt, under the statute of Kentucky, and upon fraud alleged to consist in the statement made by the plaintiff that the receipt given
The court of appeals of Kentucky has decided two cases which rule this. Under similar receipts in the hands of transferees the lien of the vendor was held valid as against the transferees. ' Western Bank v. Distilling Co., 9 Ky. Law Rep. 500; Pike v. Greenbaum, 12 Ky. Law Rep. 423.
Judgment affirmed.