48 F. 584 | D.S.C. | 1891
In April last, B. B. Ford & Co. shipped from Atlanta to Bremen, in Germany, 52 bales of cotton, marked “S. A. S. A.” The cotton was delivered to the Georgia Railroad Company, and was carried under a through bill of lading. The words'of this bill bearing upon the issues of this case are:
“To be transported by the Georgia Railroad Company to its station at Augusta, Ga., and there to be delivered to the next connecting rail or water carrier, being lightered, ferried, or carted at owner’s own risk, if necessary: and thence to be transported by such connecting carrier or carriers via the port of Charleston, South Carolina, to the port of-, and there to be delivered, being lightered, ferried, or carted at owner's risk, to tire ship Tor-gorm, or some other steam-ship company or lino, or to vessels chartered thereby; to be transported by sue!) steam-ship company, or by steamer or steamers of such company or line or charterer to tlie port of Bremen, Germany, there to be delivered unto order, or to his or her assigns.”
The cotton reached Augusta, and came into the possession, under the terms of the bill of lading, of the South Carolina Railway Company, of which libelant is receiver. It was brought to Charleston, and was deiiv-
The shipper of the cotton denied all actual knowledge of any charter-party, or any knowledge except such as the bill of lading disclosed. On receiving the bill be negotiated a draft on the cotton, and indorsed and all ached the bill to it. We have to deal with the rights of the libelant.-His rights are measured by his duties. His duties are fixed and defined by the through bill of lading. His obligations are to the holder' of this bill, made to order, and negotiated. Any variation of tins contract would be at Ms peril. Under the bill of lading he undertook to carry the cotton from Augusta, and to deliver it to the Torgorm, another carrier; to deliver it precisely as he received it, — that is to say, under* the terms of the bill of lading, and none other. The master of the Tor-gorm proposed to insert the words, “Other conditions as per charter-party.” If the through bill of lading — the contract undefc which libel-ant delivered and the Torgorm received this cotton — already contained these words or their equivalent, the demand of the master was unnecessary. If it did not, then the master had no right to demand, the libel-ant had no right to make, any change in the terms of the contract. The learned counsel for the respondent, whose arguments command and receive the careful consideration of the court, insists that the bill of lading gives notice of a charter-party. The language has been quoted. The