130 Iowa 327 | Iowa | 1906
The plaintiff is an importer of gloves, and in March, 1901, it entered into an oral contract with the defendant, by which the defendant undertook to transport a case of gloves from the city of Erlangen, Germany, to Des Moines, Iowa, and deliver the same to the plaintiff in bond. Eor the purpose of carrying out the contract and to enable the defendant to direct and control the shipment, the plaintiff executed and delivered to the defendant a writing as follows: “Jacob Wiessner, Erlangen, Germany. Hereafter, and until further orders, please forward all of our goods in accordance with instructions you will receive from the Merchant’s Dispatch Transportation Co., or their representative.” Eollowing the signature of the plaintiff to this order, the following also appears: “ Please follow instructions relative to forwarding goods covered by above order in accordance with our letter of this date, and note —• upper part of order to be filled out by consignee, lower part will be completed by Merchant’s Dispatch Transportation Co., New York, when order is sent to their foreign representatives.” The plaintiff subsequently ordered a case of gloves of said Weissner, which was delivered to the defendant in the city of Erlangen, about the 12th day of March, 1901. The goods were shipped from Hamburg for New York in the latter part of March, to be from there transported in bond to Des Moines, which is a port of entry
I. The gloves were shipped “ to order ” and a draft made on the plaintiff, with bill of lading attached. The appellants therefore claim that title thereto did not vest in the plaintiff until payment of the draft and surrender of the bill of lading, and that the evidence does not show that the gloves were damaged after they became the property of the plaintiff. The gloves were damaged while they were in the customhouse in New York, and the evidence was sufficient to warrant the finding that the damage occurred after the plaintiff acquired ownership thereof.
The customs law (Act June 10, 1880, chapter 190, 21 Stat. 173 [U. S. Comp. St. 1901, page 1963]), provided that dutiable goods consigned to and destined for interior ports might immediately pass the port of first arrival without appraisement and liquidation of duties at the latter port, upon compliance with the requirements of section 4 of the act, and under the restriction of section 9 thereof, which were as follows:
Sec. 4. That sections 2853 and 2855 of the Revised Statutes of the United States be, and the same are hereby, so amended as to require that all invoices of merchandise imported from any foreign country and intended to be transported without appraisement to any of the ports mentioned in the seventh section of this act, shall be made in quadruplicate; and that the consul, vicecónsul, or commercial agent, to whom the same, shall be produced, shall certify each of said quadruplicates under his hand and official seal in the manner required by section 2855 of the Revised Statutes, and shall then deliver to the person producing the same two of the quadruplicates, one to be used in making entry at the port of first arrival of the merchandise in the United States, and one to be used in making entry at the port of destination, file another in his office there to be carefully preserved, and as soon as practicable transmit the remaining one to the collector or surveyor of the port of final destination of the merchandise. . . .
Sec. 9. That no merchandise shall be shipped under the provisions of this act after such merchandise shall have been landed ten days from the importing vessel, and merchandise not entered within such time shall be sent to a bonded warehouse by the collector as. unclaimed, and held regularly, entered and appraised.
A consular invoice was made as required by this act, but a quadruplicate thereof was not filed with the customs officials at the port of New York, and, as a consequence of such neglect, appraisement and liquidation of duties was
It is urged there was such inconsistency between instruction one, which told the jury what the plaintiff must prove to make its case, and instruction six, which stated that if the defendant contracted to transport the goods and deliver them in bond in Des Moines, it was its duty to- procure and file clearance papers, as to confuse and mislead the jury to the defendant’s prejudice. There is no such inconsistency, as we view the record, for the latter instruction simply covered the defense insisted upon by the appellant. It is also said that the same instruction was erroneous because an agreement to deliver in bond in Des Moines did not impose on the defendant a duty to procure a clearance of the goods at New York; but what we have heretofore said disposes of the contention.
. There is no merit in the appellant’s contention that instruction seven assumed that there was a contract for the shipment of goods.
Some of the other instructions are criticised, but we think that as a whole they were fair and fully presented the questions in the case, and are sustained by what has already been said on the main proposition.
Complaint is made of the refusal to give some of the instructions asked by the defendant, but we find no error in the denial. So far as they contained the law applicable to the case, they were embodied in those given.
We have given the whole record and arguments careful examination, and find no error for which there should be a reversal of the case.
The judgment is therefore affirmed.