Holt v. Westcott
Supreme Judicial Court of Maine
Reported by Hathaway, J. The facts contained in the report appear clearly in the opinion of the court. In Abbott on Shipping, page 414, the author says, “ It is often provided in charter parties, that the goods shall be delivered agreeably to bills of lading to be signed by the master; and the master, upon receiving the goods, signs bills of lading for delivery on payment of freight, or words of similar import, giving him a right to refuse to make delivery to the person…
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Reported by Hathaway, J. The facts contained in the report appear clearly in the opinion of the court. In Abbott on Shipping, page 414, the author says, “ It is often provided in charter parties, that the goods shall be delivered agreeably to bills of lading to be signed by the master; and the master, upon receiving the goods, signs bills of lading for delivery on payment of freight, or words of similar import, giving him a right to refuse to make delivery to the person designated by the bill of lading, without payment of freight. And as it sometimes happened that the master has not insisted…
1Opinion of the CourtRice, J.
The question presented by this report is whether in a case where a ship owner, by charter party, contracts *448with a shipper to carry a cargo at a stipulated price, and subsequently signs a bill of lading, in which he stipulates to deliver such cargo to the consignee of the shipper, or his assignee, in good order, &o., dangers of the sea only excepted, he or they paying freight, at the rate stipulated in the charter party, the owner is thereby bound to look only to the consignee for his freight, and is concluded from demanding it from the shipper, in case he shall fail to collect it of the…
2Cases cited1 opinion
- Barker v. HavensNew York Supreme Court · 1819
3Cited by6 opinions
- New York Central Railroad v. Philadelphia & Reading Coal & Iron Co.Illinois Supreme Court · 1918
- Southern Cotton Oil Co. v. Southern Railway Co.Supreme Court of Georgia · 1918
- W. L. Becker & Co. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919
- New York, New Haven, & Hartford Railroad v. TonellaSupreme Court of New Hampshire · 1920
- Portland Flouring Mills Co. v. Portland & Asiatic S. S. Co.District Court, D. Oregon · 1906
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