A Treatise on Maritime Law; Including the Law of Shipping; The Law of Marine Insurance; And the Law and Practice of Admiralty

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 Excerpt: ...a subsequent bona fide transferree for value cannot make title under it as against the shipper of tho goods. The bill of lading only represents the goods, and in this instance tho transfer of the symbol does not operate more than a transfer of what is represented. In this country it is well scttled that the bill of lading s quasi negotiable only. Thus in Everett v. Saltus, 15 Wend. 474, nom. Saltus v. Everctt, 20 Wend. 267, the master of a vessel in which goods were shipped, fraudulently reshipped them at an intermediate port, and obtained a bill of lading for them which ho transmitted to his agents, who sold the goods and indorsed over the bill of lading to tho vendee, who acted bond fide. Held, that the original owner was entitled to the goods. See also, generally, Stubbs v. Lund, 7 Mass. 453; Pcters v. Ballistier, 3 Pick. 495; Rowley v. Bigelow, 12 Pick. 307, 314; Stanton v. Eager, 16 Pick. 467; Chandler v. Sprague, 5 Mct. 306, 308; Conard v. Atlantic Ins. Co., 1 Pct. 386, 445; Chandler v. Belden, 18 Johns. 157; Walter v. Ross, 2 Wash. C. C. 283; Ryberg v. Snell, 2 Wash. C. C. 294; Dawes v. Cope, 4 Binn. 258; The Schooner Mary Ann Guest, Oleott, Adm. 498, 1 Blatchf. C. C. 358; Winslow w. Norton, 29 Maine, 419. But if the bill of lading be transferred and indorsed by way of pledge to secure tho consignee's debt, the consignor does not lose his right to stop tho goods in transitu, but holds it subject to the rights of the pledgee. That is, he may These words, alone, would not suffice to make them negotiable instruments. But the. nature and use of the instrument, and the mercantile practice under it, and the unreasonableness of depriving a consignee and buyer of all power of effectually selling his goods to arrive, or when they are at sea...