Aktieselskabet Bruusgaard v. Standard Oil Co.

(after stating the facts as above). At trial effort was made to prove that what Schoultz did generally and what he particularly did in the matter of collecting the freight money was in accordance with custom. Such custom was neither pleaded, nor was any usage proved; therefore it drops out of the case, and we express no opinion as to whether the usage would be lawful, had it been proven.

A bill of lading is both a receipt and a contract. Vanderbilt v. Ocean Co., 215 Fed. 886, 132 C. C. A. 226. It is a receipt for the goods shipped on board a ship, signed by the person who contracts to carry…