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2 Tenn. 110

Currey v. Roulstone

Tennessee Supreme Court

Decided June 15, 1809

Tennessee Supreme Court · decided 1809-06-15

In Equity. The facts were, that on the 6th of April 1804, Alexander Roulstone, one of the defendants, shipped at New Orleans in the barge called Deborah, Lindsey Shannon master, a quantity of goods, for account, and risk of Col. Charles Lynch, of Shelby county Kentucky, another of the defendants ; to be delivered to the said Lynch or his assigns, he or they paying freight at the port of Louisville on the Ohio.

Decided 1809-06-15

Todd J.

¶1After stating the case, observed that there were two kinds of bills of lading,* and that the bill of lading before the court seemed to be different from the one referred to in Mason vs. Lickbarrow 1 H. B. 357.

¶2In the principal case the property of the goods was transferred to Lynch, and from him to Jorden, Banks and Owens. The defendant Roulstone had no right to dispose of them as he did. There is no ground of relief against Lynch, or Jorden, Banks and Owens; and as to Roulstone we cannot decree against him, having been no party to the suit at law; and never having been a resident or citizen of the district, there is a want of jurisdiction.

¶3The bill must be dismissed as to all the defendants. (e)

¶4 It is probable the distinction here alluded to by the Judge, lies between a bill of lading for, on account and at the risk of the consignee, and on account of and at the risk of the consignor.

¶5 The doctrine respecting mercantile lien may be seen an examined by recurrence to the authorities referred to at the bar and in the margin.

¶6 Contra Camp. rep 108. 2 Bay 237.

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