Perry v. Bangs
Opinion of the Court
Held, that the bill of lading of a cargo is only satisfied by the actual delivery of the cargo therein specified; but, as between the owner of the ship and the owner of the cargo, is not conclusive as to quantity of cargo, and may be explained by extraneous evidence. So, also, a written receipt acknowledging the delivery of the cargo may. as between same parties, be corrected by-proof. Held, that the delivery in this case to a lighterman was a delivery to the owner of the cargo, and that the receipt of the light-erman of a full delivery was not conclusive of that fact, even if taken by him from the ship, on his own counting or weighing. Held, that the receipt in this case having been given by lighterman on count and report of the officers of the vessel alone, and its correctness not being supported by any
Reference
- Full Case Name
- PERRY v. BANGS
- Status
- Published