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Adel Precision Products Corp. v. Grand Trunk Western Railroad Co.

332 Mich. 519, 51 N.W.2d 922 (1952)

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Adel Precision Products Corp. v. Grand Trunk Western Railroad Co.

Michigan Supreme Court

332 Mich. 519, 51 N.W.2d 922 (1952)

Facts

Adel Precision Products Corporation (Adel) (plaintiff) sold farm machinery to Hickman Farm Supplies, Inc. (Hickman). Adel contracted with Grand Trunk Western Railroad Co. (Grand Trunk) (defendant) to transport the equipment from California to Michigan. Grand Trunk issued a bill of lading covering the machinery “to the order of Adel Prec. Prod. Corp.” but by mistake sent the original bill of lading directly to Hickman. The uniform bill of lading required the surrender of the original, properly endorsed bill of lading before the delivery of the property. Hickman presented the bill of lading with Adel’s name typed on the back, and Grand Trunk delivered the machinery to Hickman. There was no proper endorsement on the order bill of lading, and the typewritten endorsement was unauthorized. Adel brought suit against Grand Trunk, claiming that Grand Trunk misdelivered the machinery to Hickman. A jury found that there was a misdelivery and the bill of lading was not properly endorsed and ruled in favor of Adel. Grand Trunk appealed, arguing that the jury’s findings were reversible as a matter of law.

Rule of Law

Issue

Holding and Reasoning (Reid, J.)

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