25 Barb. 16 | N.Y. Sup. Ct. | 1856
Assuming that the evidence was sufficient to justify the referee in finding that the master of the vessel in fact agreed that it should take the inside route, which is, at least, questionable, I think the evidence itself was inadmissible. It has often, and truly been said, that a bill of lading has a twofold character. As a receipt it acknowledges the delivery of goods to the party who executed it. The admission is only prima facie evidence of the fact. It may be shown by parol evidence that the quantity, quality or condition of the goods received, is erroneously stated. But besides acknowledging the receipt of the goods, it contains a contract to carry and' deliver them. In this respect, it is like other instruments in writing. Parol evidence cannot be resorted to for the purpose of changing its effect, or adding any thing to its obligation. The parties are supposed to have written out all that they deemed necessary to give full expression to their intention. (1 Greenleaf’s Ev. §» 282, 305.)
In Creery v. Holly, (14 Wend. 26,) the bill of lading acknowledged-the receipt of 90 barrels of wrought iron, shipped in good order and to be delivered in like good order to the defendant. The defendant was allowed to prove by parol evidence, that it had been agreed between the plaintiff and the master of the vessel that the goods should be shipped on deck. The judgment was reversed, on the ground that the evidence of a
The familiar rule o£ evidence which these cases recognize and affirm0, is clearly applicable to the case in hand. In respect to the quantity and condition of the malt shipped, the bill of lading was but a receipt, and only prima facie evidence. But in respect to the agreement to carry and deliver the malt, it was a contract, to be construed like all other written contracts, according to the legal import of its terms. And as it is not claimed that there is any thing on the face of the instrument which required the master of the vessel to take the inside route, rather than that by ocean, the plaintiff cannot resort to proof of a preliminary conversation," to establish such an obligation. If he had intended to make it a part of the contract that the vessel should take one route rather than another, he should have had this provision embraced in the bill of lading. Had this been done, there would have been no occasion for liti
I am of opinion that the evidence to show an agreement of the master to carry the malt by the inland route, was erroneously admitted by the referee. The judgment should, therefore, be reversed and a new trial granted, with costs to abide the event.
Harris, Watson and Gould, Justices.]