A Treatise on the Law of Bills of LadingKay and Brother, 1891 - 516 pages |
From inside the book
Results 1-5 of 48
Page 10
... intended to insure good faith . § 144. Limitation of liability to a speci- fic amount by the terms of the bill of lading . § 145. Benefit of the limitation to car- riers other than the one giving the bill . the shipper is silent as to ...
... intended to insure good faith . § 144. Limitation of liability to a speci- fic amount by the terms of the bill of lading . § 145. Benefit of the limitation to car- riers other than the one giving the bill . the shipper is silent as to ...
Page 11
... intended . to the vendor's order is prima facie evidence of instruction to reserve the jus disponendi . § 476. The consignor's property is suf- ficient to enable him to maintain an action for a failure or refusal to deliver the goods ...
... intended . to the vendor's order is prima facie evidence of instruction to reserve the jus disponendi . § 476. The consignor's property is suf- ficient to enable him to maintain an action for a failure or refusal to deliver the goods ...
Page 16
... intended to class such marble as " wrought ; " that his predecessors had done so and that the receipt for this mar- ble was by mistake and contrary to the rules of the company . It was here held that the jury were properly charged that ...
... intended to class such marble as " wrought ; " that his predecessors had done so and that the receipt for this mar- ble was by mistake and contrary to the rules of the company . It was here held that the jury were properly charged that ...
Page 17
... intended to take them without paying freight on the excess unless it was de- manded.3 1 Naugatuck R. R. Co. v . Beardsley Scythe Co. , 33 Conn . 218 . 2 Central R. R. and Banking Co. v . Anderson , 58 Georgia , 393 . 3 Wiggin v . B ...
... intended to take them without paying freight on the excess unless it was de- manded.3 1 Naugatuck R. R. Co. v . Beardsley Scythe Co. , 33 Conn . 218 . 2 Central R. R. and Banking Co. v . Anderson , 58 Georgia , 393 . 3 Wiggin v . B ...
Page 25
... intended , such concealment or deception has been held to be constructive fraud upon the carrier and he can- not be made answerable in case of a loss of the goods . " 39. Thus , the shipper must not deceive or mislead the car- rier by ...
... intended , such concealment or deception has been held to be constructive fraud upon the carrier and he can- not be made answerable in case of a loss of the goods . " 39. Thus , the shipper must not deceive or mislead the car- rier by ...
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Other editions - View all
A Treatise on the Law of Bills of Lading (Classic Reprint) William W. Porter No preview available - 2016 |
Common terms and phrases
accidents act of God Adams Ex Adams Express Co agent agreement assent authority Bailments Barb barratry bill of lading boat bound cargo carriage carried carrier was held carrier's liability caused Central R. R. charter party clause common carrier common law condition consignee consignor court held custom deck defendant delay delivered delivery Dinsmore effect evidence Exch exempt fact fraud freight held liable indorsement injury insurer Iowa Justice lading contained lex loci contractus liability for loss limit his liability loss by fire Mass master negligence notice Ohio owner package parol Penna person phrase plaintiff port public enemy quantity question railroad company Railway reasonable receipt received responsibility rier risk rule ship shipment shipper Smith Southern Ex Southern Express Co special contract statute steamboat stipulation stowage stowed Tenn tion Trans transportation unless usage vessel voyage Wend
Popular passages
Page 315 - ... the master or other person signing the same, notwithstanding that such goods, or some part thereof, may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been, in fact, laden on board...
Page 168 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 417 - ... express, or transportation company or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier, or the master, owner, or agent of...
Page 101 - The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 412 - No carrier shall be liable for loss, damage, or injury not occurring on its own road or its portion of the through route...
Page 440 - In any case hereafter in which advances of money, repayable on demand, to an amount not less than five thousand dollars, are made upon warehouse receipts, bills of lading, certificates of stock, certificates of deposit, bills of exchange, bonds or other negotiable instruments pledged as collateral security for such repayment, it shall be lawful to receive or to contract to receive and collect, as compensation for making such advances, any sum to be agreed upon in writing, by the parties to such transaction.
Page 413 - any cause or wheresoever occurring, by barratry of the master or crew, by enemies, pirates...
Page 40 - Every Bill of Lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...
Page 449 - ... provisions of this act, to recover all damages, immediate or consequential, which he or they may have sustained by reason of any such violation as aforesaid, before any court of competent jurisdiction, whether such person shall have been convicted of fraud, as aforesaid, under this act, or not.
Page 422 - All the title to the freight which the first holder of a bill of lading had when he received it passes to every subsequent indorsee thereof, in good faith and for value, in the ordinary course of business, with like effect and in like manner as in the case of a bill of exchange. § 3857, Civil Code. When negotiable by delivery. — When a bill of lading is made to bearer, or, in equivalent terms, a simple transfer thereof by delivery, conveys the same title as an indorsement.