A Treatise on the Law of Bills of LadingKay and Brother, 1891 - 516 страница |
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Страница 1
... Justice Rogers says that a bill of lad- ing is " A formal acknowledgment of the receipt of goods and an engagement to deliver them to the consignee or his assigns . ' Again , Mr. Justice Stockton in Merchant's , etc. , Bank v . 14 ...
... Justice Rogers says that a bill of lad- ing is " A formal acknowledgment of the receipt of goods and an engagement to deliver them to the consignee or his assigns . ' Again , Mr. Justice Stockton in Merchant's , etc. , Bank v . 14 ...
Страница 7
... Justice Wayne in the case of Brittan v . Barnaby , says : " The word freight , when not used in a sense to imply the burden or loading of the ship or the cargo which she has on board , is the hire agreed upon between the owner or master ...
... Justice Wayne in the case of Brittan v . Barnaby , says : " The word freight , when not used in a sense to imply the burden or loading of the ship or the cargo which she has on board , is the hire agreed upon between the owner or master ...
Страница 27
... justice can a man ask to be paid for an article of great value when he has induced the carrier by a false assertion , to believe that it is of much inferior value ?. . . . In cases of common carriers where there is no notice , the ...
... justice can a man ask to be paid for an article of great value when he has induced the carrier by a false assertion , to believe that it is of much inferior value ?. . . . In cases of common carriers where there is no notice , the ...
Страница 29
... Justice SHAW , in the case of Hastings v . Pepper , thus : " The signing of a bill of lading acknowledging to have received the goods in question , in good order and well conditioned , is prima facie evidence that as to all ...
... Justice SHAW , in the case of Hastings v . Pepper , thus : " The signing of a bill of lading acknowledging to have received the goods in question , in good order and well conditioned , is prima facie evidence that as to all ...
Страница 30
... Justice WAYNE in the case of Nelson v . Woodruff . Here the facts were as fol- lows : Certain lard was shipped on board the " Maid of Orleans " of which Nelson and others were the owners . The bills of lading recited that the goods had ...
... Justice WAYNE in the case of Nelson v . Woodruff . Here the facts were as fol- lows : Certain lard was shipped on board the " Maid of Orleans " of which Nelson and others were the owners . The bills of lading recited that the goods had ...
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A Treatise on the Law of Bills of Lading (Classic Reprint) William W. Porter Приказ није доступан - 2016 |
Чести термини и фразе
acceptance act of God Adams Ex Adams Express Co agent agreement assent authority Bailments Bank Barb barratry bill of lading boat cargo carriage carried carrier was held carrier's liability caused charter party claim clause common carrier common law condition consignee consignor cotton court held custom damage deck defendant delivered delivery demurrage draft effect entitled evidence exception Exch exempt express fact fraud freight held liable holder indorsement injury insurer intention Iowa issued latter lex loci contractus loss by fire Mass master negligence negotiable notice owner parol parties payment perils person phrase plaintiff pledge port possession public enemy quantity question railroad company receipt received risk rule ship shipment shipper signed Southern Ex Southern Express Co special contract statute steamboat stipulation stowage stowed Tenn tion Trans transfer transportation unless usage vendee vendor vessel voyage Wend
Популарни одломци
Страница 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...
Страница 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.
Страница 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...
Страница 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.
Страница 412 - No carrier shall be liable for loss, damage, or injury not occurring on its own road or its portion of the through route...
Страница 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.
Страница 413 - any cause or wheresoever occurring, by barratry of the master or crew, by enemies, pirates...
Страница 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...
Страница 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.
Страница 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.