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Updated: May 27, 2025
A bill of lading is a written contract, or statement of the goods shipped, their condition, and the time of shipment. Bills of lading and receipt blanks are furnished at the offices of the transportation companies. Two copies of the bill of lading should be made out. One of these is signed by the consignor and the other by the transportation agent.
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.
The copy signed by the consignor is kept by the agent, and the copy signed by the agent is retained by the consignor, as a voucher for the goods shipped. This receipt should be mailed to the consignee. When the consignee gets this bill of lading, it is a voucher to the freight agent, where the goods are to be delivered, as to the ownership.
But in any case as a rule the title of the absolute owner prevails in a prize court over the interests of a lien holder, whatever the equities between consignor and consignee may be.
As most of the goods in changing hands are carried by steamboat or railroad, the method of shipment should be understood by everyone who may be called on to use one or the other means of transportation. The person shipping goods in this way is the "consignor." The person to whom the goods are shipped is the "consignee". The goods shipped are described in a paper called a "bill of lading."
And even granting that the latter were unable to recover at law from the consignee, the question would still remain whether under all the circumstances such inability on the part of the American consignor could be legally imputable to the act of the British Government in making the seizure.
In 1870 I was in the produce commission business in San Francisco and had a consignor in Vacaville by the name of G. N. Platt who had been presented with a fine young bull by Frank M. Pixley, who lived in Sausalito, in the hills about two miles from town. Mr. Platt requested me to go and get the bull and ship him to Vacaville, so I left next morning for Sausalito.
"Regarding W.B. 23645, Hibbert & Jones, consignor of the cat you are holding in storage, advises us that the consignee claims cat you have is not the cat shipped by consignor. Return cat by first train to this office. If the cat is not strong enough to travel alone have veterinary accompany it. Yrs. truly, Interurban Express Company, per J." At first a grin spread over the face of Flannery.
That was the dart! Why didn't he think of it sooner? He went through the narrow alley of Temple Bar quickly, muttering to himself that they could all go to hell because he was going to have a good night of it. The clerk in Terry Kelly's said A crown! but the consignor held out for six shillings; and in the end the six shillings was allowed him literally.
"President Interurban, Franklin," he wrote, "Shall i take pakag for Phoenix Sulphur Company, Armourdale. Anser quick. Westcote." He ran across the street with it and came back. The head office had a direct wire, and the answer came a minute after Flannery reached the waiting Mr. Warold. "Westcote. Give fuller particulars. Name consignor. Contents. Objection to receiving.
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