Cases On the Law of Carriers, Selected From Decisions of English And American Courts

Cover Cases On the Law of Carriers, Selected From Decisions of English And American Courts
Cases On the Law of Carriers, Selected From Decisions of English And American Courts
Green, Frederick, 1868- [from Old Catalog]
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upon the shipment. The highest evidence that he has done so is the consignment and unconditional delivery to B. of the bill of lading. ♦ ♦ * ' In this case there was no other bill of lading than the receipt pro- duced in evidence, and no duplicate was taken; but the intention of Alden, Friiric & Western to transfer this specific property to the plain- tiffs, to be applied upon their indebtedness, conclusively appears by the undisputed evidence: (1) By the agreement the day prior to the shipment.... (2) By forwarding invoices of the shipment to the plain- tiffs. (3) By making the shipment unconditionally. (4) By retaining the receipt given by the defendant, and neither making nor attempting to make any use of it. * ♦ * It is urged that the words "on our account," in the invoices, evinced an intention not to vest the title in the plaintiffs. They can have no such effect in this case, even if standing alone and unexplained they might have. A bill of lading for which, as between the parties, the in- voices were a substitute, can always be explained by parol.

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