The endorser of a bill of lading is not liable after he has endorsed over the bill of lading to another who is liable; the shipper remains liable as an original party to the contract. ‘Looking at the whole statute it seems to me that the obvious meaning is that the assignee who receives the cargo shall have all the rights and bear all the liabilities of a contracting party; but that if he passes on the bill of lading by indorsement to another, he passes on all the rights and liabilities which the bill of lading carries with it.’ Rejecting the argument that the endorser having passed on all his rights to the endorsee should retain all his liabilities in respect of the goods: ‘Such a construction might be very convenient for the shipowner but it would be clearly repugnant to one’s notions of justice.’ and ‘The contention is that the consignee or assignee shall always remain liable like the consignor although he has parted with all interest and property in the goods by assigning the bill of lading to a third party before the arrival of the goods. The consequences which this would lead to are so monstrous so manifestly unjust that I should pause before I consented to adopt this construction of the act of parliament.’
Judges:
Erle CJ
Citations:
(1862) 11 CB(ns) 842
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others HL 27-Mar-2001
The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a . .
Approved – Sewell v Burdick HL 1884
What does the word ‘property’ encompass in the context of the assignment of a bill of lading? Is it limited to the general property in the goods, that is, the legal title to the goods as is transferred by a sale? Or does it include the special . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract
Updated: 26 November 2022; Ref: scu.194565
