The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-25
BROOKLYN CITY.
cxrEe STATES cauaT--asrEaS ssTac1.
Suji ia observation-disclosures Decision.

Suif 10 ACKNOWLEDGEMENTS Decision.
Before Judge Benedict.
me F,4H4,iflSaid and I1eddiHg Idtfro0d OsrnrnnD
- .s,sn r 8t,.aard a !Sons.-This IL an action
brought 20 recover freight for portion OF cargo of
coal transported and delivered by the hhelanis
dor the following crcumstances:-L. J. Conner
Co.. al Philadelphia. shipped 2li tons Df osl on
hoard the boat OF the llbeants for which the
ordinary bl OF fading was issued, according 70 whch
the coal WAS To be transferred to New YORK anu
there delivered 10 the shippers or their assignees
he or they paving freight for the same al the rate
mentioned therein me margin OF the p'ii VI lauhe
contained a memorandum tnat the freight was 10 Ds
paid 10 ID. u. Moore. the agent or the hDeliant, ~
Trinity Buildings New YORK
Under tins ract the coal was safely transporter
to New York and delivered "a ACKNOWLEDGEMENTS
tons 10 one Bass who paid the llDellants Heignt on
what he received, but declined 10 receive any more
on account Of an objection TO the quality, wherS-
upon the balance, Ia tons, was delivered from tne
vessels side 10 these defendants who tnerenpon
gave receipt upon the back OF the captains copy
OF the bill Of ia,iing, acknowledging the receipt
from the ihellants ~ l79 tons.
IL further appeared that the coal before delivery
had been sold by the shippers TO one Merritt, BY him
sold tn one g. A. l. Blanchard, by him sold To Bass
who, however, threw up the purchase after recew
ing the twenty zone tons, when Blanchard sold II 10
the defendants II moreover appeared that The
defendants objected at nrst TO buying the Goa
because coal was dun VI sale ana they would
be obliged 10 pay the freight at once, where
upon Blanchard agreed TO see that the freight was
paid If the defendants would give him their
note for the amount OF IT, THIS Done, and tue
defendants amer the receipt OF the coal from the
vessel. BancllaPu lntir Two notes, lOr bhc
price Of the coal The other for the amount OF the
freight. with interest added, both Of winch notes
duly paid. No copysof the bll OF ading WA
endorsed or delivered 10 the defendants, nor anJ
other evidence OF the purchase made.
Upon this state OF facts. which are not disputed,
there can be doubt OF the lbellantS right TO re
cover their freight of the defendants.
Is IL Clear law that Whoever received cargo lfoM
snip under bl OF ladtng In the absence OF cTcan
| stances showing u different understanding IL liable
10 the ship for the freight. IL N not absolutely utoes
sary The bill OF ladlng should be actually endorsed
or even delivered to the buyer 10 make hh tue ~
| sgnee thereof. Other circumstances may DC SHOWN
equally sufficient 30 show the real relationship OF u
party the cargo. Here the defendants received tue
coal themselves from ire vessels side; they gave no
notice To the master any one that they did not re-
ceive II under the bill OF ading After its delivery
they gaveto the upon the back OF his copy OF
the b Of ladng receipt stating that they had re-
| ceved the coal from the llbelanfs.
Under such circumstances they cannot pc permit
ted to say that they dealt only with Blanchard and
| are strangers to the contract Tor the freigat.
| As between them and the vessel they become
| under the circumstances the assignee of Dill OF
ading; they dealt with the ship In that capacity ami
no other, and the receipt vi the coal made them Ia
| BILE a. such for the freight.
Besides il IL clear that the defendants understood
themselves TO be liable to the ship Tor the freight for
one them testes that he at first declined to try the
coal OF Blanchard because coal was dull and he knew
he would have pay the freight which objection Ban
chard obvaed by agreeing to take their notes for the
freight and seeing chat they were not compelled 10
pay il. This was accepted, and after the coal was
delivered and their liability for the freight liked,
they gave 10 Blanchard their note for the amount OF
the freight, with interest added OF all which the
the defendants understood their liability to the ship
and relied upon Blanchard to save them from II.
Their misfortune is to have relied upon man whose
death ami insolvency lnade 1t impossible Tor him "
protect them.
There must lie decree I'm favor OF the libellanfs
for S2S1 ~, with interest and costs.