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Updated: June 17, 2025
The correspondence found on board that is to say, a letter from the shippers to the consignee states that the cargo is shipped, two thirds on account of the consignee, and one third on account of the shippers the parties being the joint owners of the undivided cargo in these proportions.
During the time he was kept from his duty, his functions were to be filled, in effect, by our adventurer. These arrangements occupied another hour of time, and then the consignee left the vessel, perfectly satisfied with the prudent and frugal manner in which he had discharged his duty towards his principal.
I had been directed by Captain Williams to deliver the brig to her original consignee, an American merchant established in the modern Babylon, reserving the usual claim for salvage. This I did, and that gentleman sent hands on board to take charge of the vessel, relieving me entirely from all farther responsibility.
We owed the windfall to the reputation the ship had obtained by her affairs with the letter-of-marque; an account of which, copied from the log-book and a little embellished by some one on shore, he consignee had taken care should appear in the journals.
For instance, the edition for the week ending December 31st was packed in hampers provided by Mr. Garton, who advised me to send the lot as dried fish, and found a reliable consignee for them in Ireland. The "dried fish" arrived safely, and then the most arduous part of Michael Wolohan's work began.
Every car that is shipped has a sight draft attached to the bill of lading, and the consignee can not get his car until he has paid the draft. Why was the cash idea inaugurated? Simply because there was so much risk in a credit transaction. If a man bought a car on thirty days' time, and had a smash-up the day after he received it, there would be little equity left behind the debt.
Rule 83, General Instruction to Agents, clearly states that agents shall collect from consignee all costs of provender, etc., etc., required for live stock while in transit or storage. You will proceed to collect same from consignee." Flannery received this letter next morning, and when he read it he grinned. "Proceed to collect," he said softly.
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.
The cargo, on its arrival at Havre, had paid ten per cent. expenses, and was liable to thirty per cent. duties, which raised its value to $280,000. It was sold at twenty per cent. profit on its original value, which equalled $40,000, and the price of sale was $320,000, which the consignee converted into merchandise, principally Parisian goods.
In the prize court the delay caused by all such questions as between consignor and consignee would have been almost endless. The question might naturally have arisen whether there could be any basis for a claim for indirect loss sustained by an American shipper growing out of the sale on credit to citizens of the Transvaal.
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