Mitsui v. St. Paul Fire & Marine Ins.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California; Wm. C. Van Fleet, Judge. Suit by the St. Paul, Fire & Marine Insurance Company against Hachiroyemon Mitsui and others, doing business under the name of Mitsui & Co., sometimes known as Mitsui Bussan Kaisha. Judgment for plaintiff, and defendants bring error.
1DissentRoss, Circuit Judge
I am unable to agree to the judgment in this case. As I read the bills of lading under which the cotton was shipped, they were several, and not joint, contracts. The whole frame of the instruments in my opinion shows this to be true; but, as if to make assurance doubly sure, the respective carriers by their agent expressly recited .in the bills of lading agreed to and accepted by the shipper that they were “severally, and not jointly,” executed. And all of their stipulations were expressly made binding upon the shipper, among which were the provisions of the twelfth subdivision of the first…
2Cases cited2 opinions
- Myrick v. Michigan Central RailroadSupreme Court of the United States · 1883
- Cincinnati, N. O. & T. P. Ry. Co. v. FairbanksCourt of Appeals for the Sixth Circuit · 1898