Boas

Action to recover the sum of $465.20 paid under protest to a warehouseman for storage.

The controversy arose out of the following transaction: In the year 1913 three Cole automobiles were shipped to San Francisco by the Cole Motor Car Company, Peoria, Illinois, the Santa Fe Railway Company being the carrier. The cars were consigned to Cole Motor Company at San Francisco, and the carrier was advised by the consignor to notify the latter company of their arrival. The consignor mailed the bill of lading with draft for purchase price attached to the consignee. The cars arrived, and the bill of lading not being presented to the carrier and the freight not having been paid thereon, the railway company on June 21, 1913, stored them with the defendant company herein, and in accordance with the established custom such company paid the freight due the carrier and issued its receipt to it. This receipt showed that the machines were stored for the account of the carrier and was marked “non-negotiable.” Some five months thereafter and in November, 1913, the consignee, through its representative, one W. G-. Davis, obtained from the carrier the warehouse receipt (the draft attached to the bill…