The Convoy's Wheat
Supreme Court of the United States
Wolcot, as agent of certain persons, shipped on board the schooner Convoy, at Chicago, several thousand bushels of wheat. The master executed a hill of lading for it, which ran thus: “ Shipped in good order, &c., &c., to be delivered unto con signee, as per margin. Freight and charges to be paid as noted below, upon the actual and complete delivery of the said goods and freight to said consignee, or their assigns.” On the margin below was entered: “Acct.
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Wolcot, as agent of certain persons, shipped on board the schooner Convoy, at Chicago, several thousand bushels of wheat. The master executed a hill of lading for it, which ran thus: “ Shipped in good order, &c., &c., to be delivered unto con signee, as per margin. Freight and charges to be paid as noted below, upon the actual and complete delivery of the said goods and freight to said consignee, or their assigns.” On the margin below was entered: “Acct. Carrington & Preston, Oswego, N. Y., via Welland Kailway from Port Colbourne to Port Dalhousie, thence by sail or steam to Oswego. Freight…
1Opinion of the CourtJustice Miller
It is not necessary to determine whether the libellant in this ease, who was owner of the ship, contracted to deliver the wheat to the consignees at Oswego, or whether he contracted to deliver it at Port Colbourne. The bill of lading given by the master of the vessel, shows that it was understood that from Chicago to Port Colbourne was only part of the voyage which the wheat was to make, and that from Port Colbourne it was to be forwarded by the Welland Railway on its further voyage.
The testimony is clear, that at Port Colbourne there is an elevator belonging to that railroad company, and…
2Cited by1 opinion
- The Convoy's WheatSupreme Court of the United States · 1866