Hamilton Circuit Court July 1, 1908 (Good v. Bender)

GIFFEN, J.

The plaintiff as consignee and owner of a car load of oats held by the carrier, the C. IT. & D. By. Co., on September 22, 1905, sold the same to the defendant, A. Bender, for cash on delivery and on weighing, and gave him an order of delivery. The same day Bender sold the ' oats to Maguire & Co. and endorsed the delivery order to them receiving therefor a cheek for $400, or more.