§ 346. To hold final carrier for injury | § 348, 349. General limitation of lia-

to goods shipped delivery to first

carrier in good condition must be

shown.

CHAPTER XXV.

THE CLAUSE "PRIVILEGE OF RESHIPPING."

§ 351. Effect of the clause "privilege | § 353. The privilege must be exercised

of resphipping."

in the customary way.

§ 352. "Privilege of reshipping in case § 354. Effect of the clause on the sec-

of low water."

ond carrier's lien for freight charges.

CHAPTER XXVI.

STIPULATIONS AS TO DEMURRAGE, ETC.

§ 355. Stipulation as to the payment | § 357. Provision in a charter-party as

of demurrage in the bill.

CHAPTER XXVII.

STIPULATIONS AS TO PAYMENT OF FREIGHT.

§ 359. Effect of stipulations in the bill § 364, 365, 366, 367, 368. Freight-

as to lien for "freight."

§ 376. Freight for goods delivered short | § 378, 379. Freight-when due.
of destination.

§ 380, 381. Specific stipulations con-

§ 377. Freight for goods underclassed tained in the bill, judicially con-

STIPULATIONS RELATING TO DELIVERY-GOODS SHIPPED C. O. D.-

CLAIM FOR LOSS WITHIN LIMITED TIME.

CHAPTER XXIX.

THE BILL IN ITS RELATION TO THE DELIVERY OF GOODS TO THE

CONSIGNEE.

§ 397. Surrender of the bill before de- | § 410. Delivery by a carrier on land.

livery of the goods.
§ 411. Place of delivery.

§ 398, 399. Effect of custom on the de- § 412. Time of delivery.

§ 400, 401, 402, 403, 404, 405, 406. § 414. The person to whom delivery is

Wharf delivery by a vessel.
to be made.

§ 407, 408, 409. Wrong delivery by a § 415. Effect of marks on the goods

vessel.
upon the stipulations in the bill.

CHAPTER XXX.

THE BILL OF LADING A MUMMENT OF TITLE-A SYMBOL OF THE
GOODS-A MEANS OF TRANSFERRING TITLE.

§ 416. A bill of lading is a muniment | § 418. Bill is evidence of an insurable

of title.

§ 420. Delivery of the bill is a suf- | § 424, 425. Duration of bill of lading's

CHAPTER XXXI.

BILLS OF LADING ISSUED BY CARRIERS WITHOUT RECEIVING

THE GOODS.

§ 428, 429. Carrier is not liable on such | § 434. The contrary rule prevails in

unauthorized issuance by his some jurisdictions-New York, Kan-

sas, Nebraska.

§ 430. Effect of the English Bills of § 435. Statutes providing that bills of

Lading Act.

CHAPTER XXXII.

THE NEGOTIABILITY OF THE BILL OF LADING.

§ 438. The bill is not "negotiable" in | § 452, 453, 454. The construction of

the ordinary sense of that term.

CHAPTER XXXIII.

THE BILL OF LADING IS A MUNIMENT OF NO TITLE AS AGAINST THE

TRUE OWNER, WHEN THE PARTY ISSUING OR TRANSFERRING IT

HAS NO TITLE OR AUTHORITY.

§ 460, 461, 462, 463. The general prin- | § 467, 468. The manner in which the

ciple.

§ 464. The question considered as one

of bailment. The carrier may be

compelled to disregard his bailor's

title and recognize that of the true

owner.

§ 465, 466. Want of notice to the car-

rier by the true owner does not vali-

date the bill-holder's title.

carrier's bailor obtained possession

of the goods, whether fraudulently

or in good faith is immaterial.

§ 469. Unauthorized delivery by an

agent confers no title.

§ 470. Exception where apparent own-

ership is intended.

CHAPTER XXXIV.

THE BILL OF LADING AS A MUNIMENT OR AS EVIDENCE OF TITLE

IN A CONSIGNEE.

§ 471, 472, 473, 474. The bill is prima | § 482, 483. Making goods deliverable

facie evidence of the consignee's title. to the vendor's order is prima facie

evidence of instruction to reserve the

jus disponendi.

§ 475. The consignee is the prima facie

owner, though the carrier be paid by

the consignor.

§ 484. Making goods deliverable to the

vendor's agent has the same effect.

485, 486. The presumption is strength-

ened when the bill is pledged to

secure a draft against the goods,

but it is not conclusive.

§ 476. The consignor's property is suf-

ficient to enable him to maintain an§

action for a failure or refusal to

deliver the goods.

§ 477. The consignee may sue without

delivery of the bill, when the con-

signor releases his title.

§ 478. Or upon the re-indorsement of

the bill.

§ 479, 480, 481. The consignment is

not conclusive evidence of a title in

the consignee.

§ 487, 488. Shipment in the vendee's

vessel does not conclusively rebut

presumption of the reserved control.

§ 489, 490. The reservation of the jus

disponendi is a question of intention.

§ 491, 492. Where the consignee is the

consignor's factor.

CHAPTER XXXV.

THE TRANSFER OF THE BILL.

§ 493. The bill is transferable by in- | § 495. When the carrier need require

dorsement and delivery.

no indorsement to warrant a delivery.

§ 494. Title may be passed by other § 496, 497. Title may be transferred by

modes of assignment.
the delivery of the bill unindorsed.

§ 509, 510. Character of the pledgee's § 521. Pledgee's title is conditional.

title.

§ 511. Pledgee has such property as

will enable him to maintain re-

plevin.

§ 512. Pledgee's title is paramount to

the right of stoppage in transitu.

§ 513. No title passes unless the bill

be delivered.

§ 514, 515. Forwarding a bill attached

to a draft for the price of goods is not

necessarily a delivery to the party

discounting the draft,

§ 516, 517. Pledgee's rights are para-
mount to those of the consignee.

§ 518. Pledgee's rights are paramount
to those of a consignee to whom the
consignor is indebted beyond the
value of the goods.

§ 519. Agreements between a con-
signor and a consignee that the ship-
ment shall be appropriated to the
payment of the former's debts are
immaterial.

§ 520. Consignee's ignorance of the
pledge is immaterial.

§ 522. The same-whether the trans-

action is a mortgage or a pledge is

immaterial.

§ 523, 524. The pledgee's title defaulted

by acceptance rather than payment

of draft.

§ 525, 526. The rule holds where the

draft has been sent to an agent for

collection.

§ 527. The bill may be made security

for the payment by express agree-

ment.

§ 528. Consignee cannot claim posses-
sion until he accepts or pays the draft.
§ 529. Pledgee is liable in damages for
refusal to deliver upon the con-
signee's acceptance or payment of
the draft.

§ 530. Pledgee's right is not divested
by the consignee's obtaining posses-
sion of the goods without acceptance
or payment of the draft.

§ 531. Nor by the consignee's own de-
livery of the goods where in trust for
redemption of pledge.

1

CHAPTER XXXVII.

THE BILL-HOLDER'S TITLE AND THE RIGHT OF STOPPAGE IN

§ 532. The right is general.

TRANSITU.

§ 533. The right is defeated by a trans-
fer of the bill of lading for value to
a bona fide transferree.

§ 534. The bill-holder's title is not ne-
cessarily invalidated by the fraud of
the original vendee.