A Treatise On the Law of the Contract of Pledge As Governed By Both the Common Law And the Civil Law

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If we are mistaken in this view of the ques- tion and a contrary opinion should prevail, the con- flict of law would still exist, but in a contrary sense, in the supposed cases in which the bills of lading are issued under a law different from that of the country where the goods are to be delivered. Then the bill issued in France for goods to be delivered in New York would be governed by the law of France, the lex loci contractus, and again the true owner of the goods would yield to the claims ...of the bona fide pledgee. And the bill of lading issued in New York for goods to be delivered in France should be gov- erned also by the lex loci contractus, and the true owner then would defeat the pledgee.
366. It has been held in some cases that a bill of lading is a contract of the place where it is issued.
Bills of Lading in Civil Law. 323 and not of the place where the goods are to be deliv- ered, and that the rights of the holder or transferee are to be governed, in consequence, by the law of the former place.


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