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Updated: May 10, 2025
Although Castarelli could demand possession of the goods, under this consignment, he could not claim to hold them as his property under the certificate. There is, therefore, no evidence to show that he is not the mere agent of the shipper. What renders this consideration still more clear is, that if the goods had really belonged to Castarelli, it would have been so stated in the certificate.
The bill of lading for the 225 kegs of nails has a similar indorsement, except that it is asserted that the whole of the property belongs to subjects of the King of Italy. It is not sworn that the property belongs to Castarelli, the consignee, and for aught that appears, Castarelli is the agent of the shipper to receive this consignment on his, the shipper's account.
H.J. Burden, both houses of New York city. Chamberlain, Phelps, and Co. ship 1424 barrels of flour, and a lot of pipe staves, to be delivered at Gibraltar or Messina, to their own order; and 225 kegs of nails to be delivered at Messina, to Mariano Castarelli.
The presumption being, that notwithstanding a consignment in due form by an enemy shipper to a neutral, the property is enemy's property, until the contrary be shown. The consignment alone does not show the property to be vested in Castarelli, and the certificate does not indicate him as the owner.
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