Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-11-04

/. 4iatc o. tie bankrupt ahd, '!.c &
=. between the defendants, and Walton,
bs,s could bs no douh, on this cafe
r'sa.. could be no doabr that shey had a
~, 70 Gop in ,ranG;u. What was the iitu-
= ION in which Walton, the purchaier itood?
4 1,rd Kenyon here interpreted, and aked
a. ErSine if he believed he could make
Inv thing pfi.!
1 Mr. Gibbs, on the fame Gde, faid, his
e,lhip would fee that his learned friend
ould.
Mr.. ErAine hid, he was obferving the
marion in which his clients food with
ecard to Mr.. Walton. They were the
sfSIsrs. and Walton was the buyer; but
Il did not bay them to fell them again in
His couotry, but they were TO 60 TO parts
bsyond the itas. The defendants were
In lhippers of the goods at the time. Tie
kap,ain gave the bill of lading. TO the de-
enaant,, the lhippers, and the goods we're
boly deliverable to their order. The
buyer, on whom the defendants drew,
koald not receive theie goods without the
I ,:rndants bill of lading. There could
b, be any other way deviled by which
a teller at Liverpool could give an autllo-
sfi,y to his agent, or to the buyer himielf,
8to receive the goods when they were there
Sbut by making a blank :ndorfement on the
bill of ladmg. The defendants. therefore
Hut their blank sindorlemen, on the bill of
Mailing, and tranfini,ted it 70 the buyer,
in order that he might feni that over be-
lyond the feas, to give an authority to the
.conlgnee to receive theie goods. But,
BE contended it armed him with no autho-
hity whatever, to give any title to that
irerlon, ,owhom he choie TO indorfe the
bill of lading beyond that which he him.
helf had, on performing his part Of the con-
|traa. He contended, or the authority O.!
the laws Of that country, that the plaintiff
who was the conhgnee Of that cargo, food
|preciiely in the iituation Of Mr.. Walton
|himGelf; and that this bill Of lading, 70
|indoried in blank from the fellers to the
buyer, indorfed either in blank or fpecial-
ly to any perlon, could convey no higher
or greater title than what he poflened
himfeif, and that the plaintiff abroad, tho,
he had accepted all the bills in the world,
could fand no higher than the perfon with
whom he had contracted. In one word,
this bill OF lading was nothing-
Lord Kenyon, Interpreting" By the
Jaw OF this country, as laid down in the
gale Of Lickbarrow and MaGon, it was
eaablilhed that bill of lading, circum-
atanced as this is, absolutely transferred the
property. And this cafe is TO be decided
by the law of England, and not by the
law OF any other country. IF you have
any doubt, | will! fave the point for you.
MIR. Erikine obferved, that the cafe OF
Ii ssoarrov and Mafon, after long
and entangled arguments, in the different
courts OF Weltminier Hall, at laft come to
pc decided as queltion of fact, with re-
gard to the cuRom of merchants, end it
was put to the jury. He fubmitted TO his
l0falhlP' that this cafe ought to be govern.
co by the laws of Hamburger that II
ought to be governed by the laws of that
country where the goods were topped.
me council here alluded to the cafe tba,
was argued very lately in WefminGer
laall' where the comt of Kings Bench, in
me cafe OF a bankruptcy, though: them
: bound to decide by the laws ofRuf
Aora Kenyon" In thar cafe the Goods
.aine IRON Ruiiia; they were Rui1ian pro
pet'ty; and the contrattbetween the parties
lido It's hrit connection in that country
1 = 'here IT was proved that by law Of
"s' country, altho' goods were fold and
,s on board any nip, if the vender
'aPPened to receive information Of tie
OF the vendee, he had a rioht
: tbs goods again. By rhe law of Eng.
enc, 'hetc goods could not be reclaimed
, 'ne owners, but mutt be confidered as
,+'' oi the property of the bankrunt.e and