De Sola v. Pomares

Citations

• 119 F. 373
• 1902 U.S. Dist. LEXIS 268

Syllabus

<p>2. Shipping—Recovery op Prepaid Freight not Earned—Custom.</p> <p>The settled rule of commercial law that freight prepaid, but which is not earned by the delivery of the goods, is to be refunded, in the absence of special agreement to the contrary, where the loss is not due to atiy fault of the shipper, cannot be overcome by proof of a local custom that freight prepaid is not to be returned in case the vessel is lost on the voyage.</p> <p>2. Same—Contract Made by Bills op Lading—Variance by Parol.</p> <p>Bills of lading in the ordinary form, which show prepayment of the freight, in connection with the established rules of law, constitute a completed contract, binding the carrier to refund the freight, if not earned; and, in the absence of fraud or mistake, parol evidence is not admissible to change the conditions of such contract.</p> <p>¶ 2. See Evidence, vol. 20, Cent. Dig. § 1827.</p>