Legal Opinion

Schmidt v. The Pennsylvania

District Court, E.D. Pennsylvania

Decided November 5, 1878Published

This was a libel filed by Schmidt, the holder of a bill of lading for goatskins. which on arrival of the vessel, the steamship Pennsylvania, at Philadelphia, he presented to the ship's agent, and delivery of which was refused pursuant to a cable telegram from the shippers.

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This was a libel filed by Schmidt, the holder of a bill of lading for goatskins. which on arrival of the vessel, the steamship Pennsylvania, at Philadelphia, he presented to the ship's agent, and delivery of which was refused pursuant to a cable telegram from the shippers. The goods originally were shipped by one Bresch at Trieste on a through bill of lading, via Liverpool, signed by the respondents’ agent at Trieste, The goods came into the respondent’s possession, and were forwarded by them from Liverpool. The bill of lading was made out in the name of Bresch as shipper, deliverable to his…

1Opinion of the Court

CADWALADER, District Judge.

Is an instrument like the one in question a regular bill of lading? And will a transferee for value be invested with the rights of a bona fide holder for value of a regular bill of lading? This paper was issued in Trieste, and is signed by the agent of the steamship company. Bills of lading are signed by the master of the vessel.

This is what is known as a through bill of lading. It may be true that a sailing vessel’s bills of lading should be signed by the master. This is a steamship company, and the validity of these through bills of lading has become a…

2Cases cited1 opinion

  1. Schmidt v. The Steam-Ship PennsylvaniaUnited States Circuit Court · 1880

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