Murphy v. American Can Co.

Citations

• 67 A. 17
• 106 Md. 190
• 1907 Md. LEXIS 78

Syllabus

<p>Sales — Assent to Delivery to Vessel not Designated — Acceptance of Bill of Lading — Evidence.</p> <p>The purchaser of goods directed them to be delivered to a certain ship captain and ship for transportation to him Upon the failure of this vessel to bring them, the purchaser soon afterwards directed them to be delivered to another vessel. The goods were delivered to the captain first mentioned, and the bill of lading sent to the purchaser, who kept the same without making any objection, and would have accepted the goods if they had been transported, but the vessel was wrecked in the course of its voyage. Held, that the purchaser had ratified the dedelivery of the goods to that vessel as made, and is estopped to sue for non-delivery, since the delivery to the carrier passed the title to the goods and put the risk of transportation on the purchaser.</p>