Merrick v. About Nineteen Thousand Five Hundred & Fourteen Bushels of Wheat

Wallace, D. J.

The authorities are uniform to the effect that, as between the original parties to an ordinary bill of lading, that part of the instrument which recites the receipt of the goods, and their condition and quantity when received, is open to explanation; and, while the recitals are prima facie evidence of the facts recited, they are not conclusive. The instrument is in part an acknowledgment and in part a contract. That part which is an acknowledgment merely is no more conclusive than any other acknowledgment or declaration. That part which is a contract is final. Bills of lading,…