United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 3
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. 1894 edition. Excerpt: ...intake or shipping weight of the goods which the shipowner has agreed with him to transport, he thereby stipulates to pay such freight whether the cargo arrives in safety or not, provided it is not lost by the default Argument for Appellant. of the shipowner. This effect attributed to the contract is contrary to all received ideas of contracts for transportation by sea, and is very far-reaching, because if accepted it would bind every individual shipper under such a charter party other than the charterer to pay freight whether he receives the goods or not." Under the usual clause added to bills of lading, "other conditions per charter party," it would affect purchasers of bills of lading of cargoes afloat who are substituted to the rights and liabilities of the shippers. How essentially this construction of the contract is at variance with the cardinal rules which govern contracts for transportation by sea will appear from the following summary: In every freighting contract, whether by charter party or bill of lading, (1) the shipowner agrees to transport to and deliver at destination; (2) the shipper agrees to pay freight on performance, and (3) the payment of freight by the latter is a condition precedent to the demand for the cargo. 1 Parsons on Maritime Law, p. 151; Abbott on Shipping, (7th Am. ed., ) pp. 405, 406. The shipowner's freight is at the risk of the voyage, and he insures against loss aswell of freightas of his vessel, vhile the shipper insures his goods at the invoice value, with ten per cent added to cover commissions and profits. The master also is the authorized agent es necessitate to sell cargo whenever in the course of the voyage, either on return to the port of departure or at an intermediate...
- 189 x 246 x 14mm | 472g
- 13 Sep 2013
- United States
- black & white illustrations