\
v rsnsnwam. zz. ANG·LO·AMERIGLN`.YPACKING oo. 23
2. S.u.1zs—BxL1. or Lsnum wrru Daum ATTACHEDP—DELWERY—RISK or TRANS-
PORTATION. 4 M , I
Where goods are sold and delivered to a carrier, with bill of lading in the
name of the shipper indorsed to the purchaser, to be delivered only when the
draft is paid, the ownership remains with the sellerquntil ·the draft shall be
paid, and the goods are at his risk. But when the payment is made, the owner- v
ship and risk change to the purchaser.
These two cases were heard.together,tbut only so much of .the
charge of the court and the facts relating to the points of law that
were disputed by counsel are reported here. U e » »
In October, 1880, the Treadwells purchased through a broker, at
Memphis, one car load of meat, from the Anglo-American Packing
& Provision Company, which, according to the. memorandum of
contract, wasto be "cured meat," to be delivered at Atchison, Kan-
sas, "free on board," freightinot more that 42.cents. The bill of».
lading was to the order of the Anglo-American Company, indorsed
"Deliver, to A. B. -& A. C. Treadwell & Co.," to which was attached
a draft, payable at sight, for the price of the meat. This was sent to
a bank at Memphis, with instructions to deliver to the Treadwells.
only in payment of the draft. ~ Theedraft was. paid November 3,
1880, and the bill of lading delivered. V · —
When themeat arrived it was alleged to be spoiled, whereupon , .
the purchasers notified the shippers that they held it subject to their
orders, and demanded the refunding of the money and expenses,
which was refused. The Treadwells brought suit iby attachment, in ,
the state court, and the meat being attached, was sold. The Tread-.
wells, in the mean time, having through another broker ordered ·a ~
car load of meat from Fowler Brothers, of Chicago, it came billedby
the Anglo-American Company, and a draft from them for the price P
on account of Fowler Brothers. .The Treadwells refused to pay the
draft, and attached this car load as the property of the Anglo-
American Company, whereupon the Fowlers brought suit for the
price of the meat. The suits were removed to the United States 4
_ court by the non-resident parties. The jury found on thefacts that
the meat was not cured according to the contract, andgave averdict
for-the Treadwells for $2,129.75, and that the second car load of
meat belonged to Fowler Brothers, ·and7not.the Anglo-American
Company, and gave a verdict in their favor' for the price, $1,962.32,
against the Treadwells. The defence contended that if the meat
was spoiled on arrival it was because of negligence in transportation ‘
or natural causes after shipment, and that the meat was at the risk