Atlantic Phosphate Co. v. Grafflin

Citations

• 114 U.S. 492
• 5 S. Ct. 967
• 29 L. Ed. 221
• 1885 U.S. LEXIS 1786

Syllabus

<p>A contract was made by A., of Charleston, with D., of Baltimore, for the sale and delivery, at Charleston, of 2,500 tons of kainit, to be shipped from August to October, 1880, at a fixed' price, cash on delivery of each cargo. The kainit was to come from R,., at 'Hamburg. D. procured Gr., for a commission paid him by D., to send to R. a credit on London, for the amount of 2,500 tons of kainit, in five cargoes, under which R. obtained the money. G. paid drafts, against the credit, to the amount of the cargoes. The declarations and invoices byR., presented before the consul at Hamburg, named Gr. as the consignee at Charleston ; and the -bills of lading made the cargoes deliverable, at Charleston, to Gr. or his assigns. These papers were sent to A., before any of the cargoes arrived, with an invoice for each cargo, in the • shape of a bill, made out thus: A. bought of Q-., a cargo of kainit, shipped by such a vessel, such a quantity, such-a price ; and a power of attorney, under which A’s agent, as attorney for Gr., entered the cargoes at the custom-house at Charleston, in February and March, 1881, as imported by G-., and made oath that G. was the owner. A. received and accepted the cargoes : Held,</p> <p>(1.) G. was the owner of the cargoes, and sold and delivered them to A., to be paid for on delivery, free from any claim .growing out of the contract of A. with D. or R., for any breadrofithat contract, as to the time of shipping the cargoes.</p> <p>(2.) A'was liable to G. for the price of the cargoes, with interest from their delivery.</p>