Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 80

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ... bill of lading, can not be successful, and we are somewhat surprised that the point is pressed here. " In so far as a bill of lading is a contract, it can not be explained by parol, but if a contract, it is also a receipt, and in that regard it may be explained, especially where it is used as the foundation of a suit between the original parties, the shippers of the merchandise and the owner of the vessel. "The principle is elementary, and it needs the citation of no authority to sustain it. " The case of the schooner Freeman vs. Buckingham is decisive of this case. It is true, the bill of lading there was obtained fraudulently, while here it was given by mistake, but the principle is the same." P. 329. The three cases last cited, unlike all the others, were not complicated with any question as to the right of an innocent third party advancing money on the faith of the bills of lading. The case of the Lover, however, decided in the Circuit Court of the United States, at New York, 1870, reported in 7 Blatchford, is like the Massachusetts and English-cases, and the case of the schooner Freeman vs. Buckingham, in that re-spect., Green owned the schooner Lover, lying at Baltimore. He sold the ves: sel to Gilley, who paid part of the price and agreed to pay the balance within five days after his arrival at New York. The master, who had been employed by Green, remained in command. Gilley took possession and put a cargo of lumber on-board. Meeting Green on the street, he requested him to send the captain to the br0ker's office to sign the bills of lading. The master went to the broker's oflice, and, having no knowl-edge of the quantity of lumber on board, signed the bills of lading as requested by Gilley....show more

Product details

  • Paperback | 428 pages
  • 189 x 246 x 22mm | 757g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236846605
  • 9781236846600