23 La. Ann. 353 | La. | 1871
Plaintiff sued for value of 360 barrels of molasses consigned at New Orleans by the defendant’s railway in February, 1862. There was judgment for plaintiffs for the amount claimed, and the ■defendant has appealed.
First — Tho prescription of one year does not apply. The fact that the receipt given by defendant at the time it received the goods was in form like a steamboat bill of lading can not bring this case under the article (3501) of the Civil Code. The merchandise was not “shipped on board any kind of vessel.”
Second — The prescription of five years, article [3505], does not appiy. It is by no means clear that the phrase “ effects negotiable or transferable by endorsement or delivery,” (tout effet negociable ou transportable par endossement on par simple remise,) includes regular marine bills of lading. The word effet, translated effect, means, in a commercial sense, “ bill,” or “ bill of exchange,” and in a financial sense, “funds” and “stocks,” and we have never found-it used in the sense claimed by counsel. But, however this may be, this action is not in reality on a bill of lading. It is an action against a land carrier. Tiie paper called a bill of lading, as shown by the pleadings and evidence on both sides, was intended merely as a receipt, and was so used and introduced in this case. It was probably given in its absurd form from a scarcity of stationery in New Orleans at the time.
Third — The only defense on the merits which requires consideration is, in substance, that the war was raging at the time the goods were received from plaintiffs; that the defendant’s railway was under the dominion of the insurgent authorities j that these authorities monopolized the transportation in such a way that it was impossible tc
Judgment affirmed.
Rehearing reiused.