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acceptance according action actual agent agreed agreement amount appears appellants applied arrived assignment authority Bank bargain bill of lading brought buyer charge circumstances claim Company complete condition consideration considered consignee contract cotton course court damages decided decision defendant delivered delivery directed draft effect entered entitled evidence express fact factor fraud further give given ground hands held hold horse indorsed intention interest judge judgment jury land letter lien Lord means merchants necessary notice obtained opinion owner paid parties pass payment person plaintiff pledge possession present principle purchaser quantity question reason receipt received recover refused remained Reported respect rule sell seller sent ship sold statute taken thing transfer transitu trial unless vendee vendor verdict vested warehouse warranty whole
Page 436 - Any bill of lading, India warrant, dock warrant, warehouse keeper's certificate, warrant or order for the delivery of goods, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by indorsement or by delivery the possessor of such document to transfer or receive goods thereby represented...
Page 818 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 565 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Page 244 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 220 - In witness whereof, the master or purser of the said ship hath affirmed to three bills of lading, all of this tenor and date, one of which being accomplished, the other two to stand void.
Page 744 - Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and if the sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
Page 493 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
Page 824 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.