Portland Flouring Mills Co. v. British & Foreign Marine Ins.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon. Appellant is engaged in the manufacture and sale of flour, having its principal office at Portland, Or., and a branch office at Hong Kong, China.
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Appeal from the District Court of the United States for the District of Oregon. Appellant is engaged in the manufacture and sale of flour, having its principal office at Portland, Or., and a branch office at Hong Kong, China. It appears that the flour shipped to Hong Kong by appellant is handled by a Chinese syndicate; that the sales made are confined to the company’s agent at Hong Kong, through whom the orders are made; that the members of the syndicate receive the flour in certain definite proportions, designated by shares —one firm having three shares, another two, and the third one; that…
1Opinion of the CourtHawley, District Judge
The contention of appellant is that the bills of lading and the practice between the parties in their previous business relations of a similar character show that the steamship company had always collected from the purchasers of the flour, that the bills of lading constitute a consignment to order, that the person or firm who is to receive the freight at its destination is indicated by the person who is named to be notified, and that the understanding and intention of the parties were, at the time the bill was given, that the freight should be collected from the person receiving the goods.…
2Cases cited9 opinions
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
- The DelawareSupreme Court of the United States · 1872
- Stollenwerck v. ThacherMassachusetts Supreme Judicial Court · 1874
- The ReesideU.S. Circuit Court for the District of Massachusetts · 1837
- Erwin v. HarrisSupreme Court of Georgia · 1891
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3Cited by29 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- Wells Fargo & Co. v. CuneoDistrict Court, S.D. New York · 1917
- Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
- Coal & Coke Ry. Co. v. Buckhannon River Coal & Coke Co.West Virginia Supreme Court · 1915
- Canadian Northern Ry. Co. v. Northern Mississippi Ry. Co.Court of Appeals for the Eighth Circuit · 1913
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