Lading

bill of. v. Bill

That which constitutes a load; burden; freight. Laden. May not mean " fully " laden.s Bill of lading. A contract by which a common carrier engages to carry and deliver goods to the consignee, or to the order of the shipper.8 A written acknowledgment, signed by the master of a vessel, that he has received the goods therein described from the shipper, to be transported on the terms therein expressed, to the described place of destination, and there to be delivered to the consignee or parties therein designated. ' A receipt as to quantity and a description of the goods, and a contract to deliver them, acknowledging the goods to be on board. As between the original parties, being like a receipt, is open to explanation.' Usually executed in triplicate: one part each for the consignor, the carrier, and the consignee. Termed a " clean bill " when silent as to the place of stowage. The understanding is that the goods are to be stowed " under "deck; parol evidence of an agreement tor stowage " on " the deck is inadmissible.* A bill of lading is a symbol of property, and, when properly indorsed, operates as a delivery of the property itself, investing the indorsee with a constructive custody, which serves all the purposes of an actual possession, and so continues until there is a valid and ■ Wissler v. Craig, 80 Va. 22, 29 (1885), cases. 2 Pike V. Martindale, 91 Mo. 285 (1886), Ray, J. ' United States v. Kirkpatrick, 9 Wheat. 735 ( Story, J. * Weber v. Harbor Comipissioners, 18 Wall. 70 (1873); United States v. Thompson, 98 U. S. 489 (1878); United States V. City of Alexandria, 19 F. R. 609 (1882); United States V. Barnes. 31 F. R. 709 (1887), cases. » Searight v. Stokes, 3 How. 169 (1846). « [The Farwell, 8 Biss. 64, 71 (1877), Dyer, J. ' The Delaware, 14 Wall. 600 (1871), cases, Clifford, J. s See 14 Wall. 600, supra; 105 U. S. B, post; 1 Biss. 379; 5 Ala. 433; 3 Iowa, 103; 33 id. 32; 34 Me. 659; 16 Mich 113; 9 Mo. 194; 4 Denio, 330; 14 Wend. 28; 12 Barb! 310; 4 Ohio, 346; 28 Vt. 124; L. R., 2 C. P. 45. 2 Whart. Ev. § 1070. complete deliveiy under and in pursuance of the bill of lading, to the person entitled to receive the property.' It is not a representative of money; does not pass from hand to hand as a bank-note or coin. It is a contract for the performance of a certain duty, at the same time that it is a symbol of ownership of the goods covered by it, a representative of those goods, and regarded as so much cotton, grain, iron, or other merchandise which is sold or pledged by a transfer of the bm." In the hands of the holder, a bill of lading is evidence of ownership, special or general, of the property mentioned in It, and of the right to receive the property at the place of delivery. Notwithstanding that it is designed to pass from hand to hand, with or without indorsement, and is ef&cacious for its ordinary purposes in the hands of the holder, it is not a negotiable instrument in the sense that a bill of exchange or a promissory note is negotiable. Its transfer does net preclude, as with them, inquiry into the transaction in which it originated, because it has come into the hands of a person who has innocently paid value for it. The doctrine of bona fide purchaser applies only in a limited sense. It may therefore be shown that neither the master of a vessel, nor the shipping agent had the authority to bind the vessel or its owner by giving a bill for goods not received for shipment. ^ The holder of a lost or stolen bill of lading is no more protected in his title than the buyer of lost or stolen property.^ The transfer and delivery of a bill of lading of goods, by the consignee to a person who advances money upon them, is not in effect a mortgage, but vests in the lender a property in the goods which entitles him to maintain an action against one who wrongfully converts them. It is not necessary for the person to whom an inland bill is delivered for valuable consideration to take possession of the property upon its arrival, or to give notice to the person who has the actual possession of the property. Delivery to an unauthorized person, who does not produce the bill, is a conversion.* Placing in a bill a direction to notify a certain person is a plain indication, in the absence of further directions, that he is not the consignee.* When a shipper attaches his bill to a draft upon the > Hi'eskell -o. Farmers', &c. Bank, 89 Pa. 155 (1879), cases; Dows v. Nat. Exchange Bank, 91 U. S. 618, 629 (1876), cases; Moors v. Kiddet, N. Y. Ct. Ap. (1888): 37 Am. Law Reg. 107, 115-17, cases. s Shaw V. North Pennsylvania E. Co., 101 U. S. 564 (1879), Strong, J.; Steiger v. Third Nat. Bank, a Mc Crary, 499-500 (1881); Wertheimer v. Pennsylvania E. Co., 17 Blatch. 432 (1880), cases. = Pollard V. Vinton, 105 U. S. 8 (1881), Miller, J.; Iron Mountain E. Co. v. Knight, 123 id. 87 (1887); Seeligson „. Philbrick, 30 F. E. 601 (1887). 4 Forbes v. Boston & Lowell E. Co., 133 Mass. 154^^8 (1882), cases, Morton, C. J. s Furman v. Union Pacific E. Co., 106 N. Y. 579 (1887); consignee, he intends that the goods shall be delivered only upon payment of the draft.' When Indefinite in its terms, a bill will be construed reasonably, according to the presumed intention to be gathered from the situation of the parties, and their relations to the ship and to each other.' See Damage; Fkeight.

Bill of. v. Bill, III., 5.