The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-01
COTTON BILLS or LADING.
state of the Law Here WhIeh led EnEIlsh
bankers ta Deman Guarantees.

ingly IN n letter 20 THE SUN Of September ?
the conference 81 American and Engls
bankers concerning cotton bills Of lAdin'
and the demand of the English banker
that these bills shalt be hereafter guarantees
In America as n condition Of their acceptance
by banking Institutions IN England.
The present embarrassment has arisen
out OF the divergence Of view in the American
courts concerning the nights and liabilities
Of the parties 10 bills of lading, and ais
hecau-r the weight of American authority
folloNing the English pr~cedents, eNoneraie'
the carrier from responsibility Ia an innocent
purchaser for value Of = bill Of iadinR Nher
the carrier own agent has issued the ON
without actually receiving the goOds
/ A. shown by MT BTumley's lucid Analysis
the New York legal rule II otherwise and
according thereto the carrier 10 estnpTed
Ia deny the authority of hiS sent ia con-e
quence an innocent pur, hlssr Of such d
hill can recover from the carrier ~ the New
/ York state courts. n this rule OF Law pre-
vallei m all u the states aud were control
ling IN the Federal courts the dema nd oi
the English bankers would probably have
never been made. hut 10y the pTeponder'
ance of American authority. expressed by
( the decisions Of such courts ~ the SupTsine
Court Of the lnIted states and the MaTylo nd
/ Court Of Appeals. bill of lAding II treated
, as not hang NJ got Va hle Ia the same sense
- bills oi exchange and pTomi--ory not~s
b " ~ regarded Ia those courts au mere eSi.
d"u's - ow n-r-hip 81 the property aud "
/ the right 10 receive II at tho place oI delv.
cry By this view Of the Law la mixer ma X
ing advances of money on bills Of hding
/ ioes 80 at his own risk. and With notice that
the agent ~ the CARRIER has mn lawful right
I 10 issue ths instrument 81 49, to bind the "a =
Tler for goods not actuallv received
| lhs eases ~ ths.AiarylAnd tuurt Of Appeals
| APPLY illustrate the principles established
| aud the diifi"ulty of changing them by the
legislation "f single Common ealth
/ Thus the court held In baltimore and Onto
Railroad vs. wilken-. - Md ~ !ifebrIaTy
Is. 1917, that a bona fide purchaser OF q
7 certain railway bill of ladnR could not
recover against tho carrier. because me
grain mentioned In u had never ia fact
/ been delivered TO the company There
after the MARYLAND Legislature sought 10
change the Law nv passing a statute April
:. lNIo' which made bills Of lddinS n-goIia-
ble IN the same s-n-- as bills nT exchange
and pTomiS-Ory notes and declared them
20 be conclusive evidence Of the delivery 81
the goods To The carrier The statute was
naturally limited - bill- Of Iauing executed
7 IN Mar land or Witch prov ided for the de-
livery Of goods in that state Later in
b aIATd ITrTe- Merchants and Miners
| Transportation Company, - Md ! ,Iune
10y the court II WaS held inappliCable To
cotton bulls at ladIng issued a. Savannah.
ia for tue transportation OF goods from
savannah TO baltimore 10y one carrier and
thence bV another carrier - bremen. der
many, because the court considered that
IN" statute contemplated only an ultimate
delivery at the end Of the entire transit
and not a mere dsIVery m MARYLAND from
one carrier 10 the carrier newt succeeding
~" particular hills n Uues ton we're treated
bv ne court a. not pro, ding ioT delivery
IN MARYLAND
Mr. brIml-y takes no oogRiyanCe IN hl-
interesting communication Of ~. earnest
rnori hOS making Ia tho I nited states
through the medium II bsnsnCent uniform
legislation To ob, late IA future the difficulties
arising from %" divergence ~ judicial
opinion a. 20 the night. and liabilities treated
10y the-s Instruments The evolution of
~" movement 20 date - ~ follows Ia Ipsi
~" commute" on commercial law at the
COMM -tpn~rs ora Uniform stat. Laws EN-.
pl'N-d PTpLr-~or samuel Wtllis'on 81 the
harvard la" school - prepare the draft
~ an al npun the subject Of bills OF lading
Professor Mtllistons nrsi draft was siib.
miftsd 10 N" conference on uniform state
lex station a. ~ Paul MINI IA Auzu-'
IHN. hn' discussion Of 10 Was deferred 10
order that ~ m, ght first be- laid before
shippers. bankers ami 'arrier- After
detailed consideration by s.lb-s,, :. lsnt meet
ius- ~ he committee or 81 he conference
IN Phrsdelphis. Portland. seattle New YORK.
ciiN and Detroit. and me criticism hy repre-.
-.ntatN~s ~ all parties ia interest m.
Commit, ouers on Uniform stat. IaNs
finally approved aud promulgated the pro-
posed statute for adoption hy the various
states Inc committee consisted 81 Francs
James 81 OHIO. chairman charles y
Iihhy Of Name. Talcot' " Russell q! con
Charles Ihaddsus Terry oi New YORK and
Georg" whu-lock IT Mar, land and The late
James Barr Nmss OF Ma--ac husstt- dean ~
the faculty Of Law ~ HsrNsr niNar.it,
n" Law has -inre received he indor-smen'
uf the conference on bHls ~ tsding held N
: h.'ago Under he s'~pIre. II the American
BANKERS association ot the conference held
80 Washington under the auspices ~ the
tNt" Federation 81 The National industrial
Tram" eagie ~ - con ,ention N hicago
aud on August 81 1870. 81 the American
Bar A--ncIs'tun ~ - aunusl meeting IN
I chattanooga Tenn
Nv m" provisions ~ t1ls proposed statute
n bill ~ lading has been i-siI.d ~ a car
ri~r or on his behalf by an agent or eu- |
pioyee the ssope of who's actIal Or appar-
ent authority includes the ts-utng Of hills
ni ladtns ID" carrier - liable 10 the con-
~lEn"" m non negotiable biIl or 10 the |
holder Of a negotiable hill Who has given
5 alus m good faIth. relying upon he dszsTip-
On theron ~ f"e goods for damage.
caused hN m" mont receipt by the carrier
~ all or par of The goods or their failure
90 correspond Win ne drs~ttpr ION thereof I
m 'hs bill 80 the time Of - Issue Here 4
~" r"h"rnl necessary MINOR eNcrpt.uus 10 ,
ms liability grow M Uut Of the yus sitIe |
~" 81 certain definite eNpts--ion- on the
iA'" ~ the bill it-sIf such ~ the words
shipper : load aud count or other word. d
nj lib" import But It may Toe said broadly /
maj the Law where pnaC'ed uill place an i
order hi 81 ladinR upon the precise hasi.
~ n"gotiHblli'v ~ q promissurN note. check
iran or bill Oi exchange or in tll,. words .
NJ Walter f'rurg- Smith ~ pennzvlyan,a
president Of the conference 81 commits .on-
Pr. ~ addressing ~" American liar Asso,t 10 P
'tun ihr salient feature Of tht- act - that T
II mar"- 'h"~n documents ~ THE fuiIy B
ursoflti,i.
Mar, land and Massachusetts, have uIa,.d
hen solves "a the van ~ support uf tn.
great ."gil reform. ami have alr-ad, .nurfrd
10" la a. recommended by M. conference. !
~ comm --fuHrfs O'heT States fnH, n. ,
aAp"rt"d tu fall Tauidiy IN ltn. 80 hey Inv,
already done With stat ties similarly p,..
pared and promulgated lu Hlus'tats
! b" inform negotiable tu-'rIment- AR
'pTt"N 81 hy the conference IN ISys "a. I,-.n
adopted hy thirty eight states and T.rt. ,
nri"- m" inform Warehous- receipts act
approved hN no" conference IN iruo. has been