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NATIONAL BANK v. MERCHANTS' BANK

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91 U.S. 92 (1875)

23 L.Ed. 208

NATIONAL BANK OF COMMERCE OF BOSTON, v. MERCHANTS NATIONAL BANK OF MEMPHIS.

Supreme Court of United States.

November 1, 1875.

Attorney(s) appearing for the Case

Messrs. H.W. Paine and H.C. Hutchins for plaintiff in error.

Mr. W.G. Russell, contra.

MR. JUSTICE STRONG delivered the opinion of the court.

The fundamental question in this case is, whether a bill of lading of merchandise deliverable to order, when attached to a time draft and forwarded with the draft to an agent for collection, without any special instructions, may be surrendered to the drawee on his acceptance of the draft, or whether the agent's duty is to hold the bill of lading after the acceptance for...

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