Sweeney v. Frank Waterhouse & Co.

Citations

• 39 Wash. 507
• 81 P. 1005
• 1905 Wash. LEXIS 892

Syllabus

<p>Carriers — Contract of Carriage — Construction — Delivery at Ship’s Tackle—Sale in Transitu Without Delivery. A shipping contract of a consignment of goods, to be delivered to the consignors or order “at ship’s tackle,” is intended to describe the place of delivery, and does not annex a condition to a contract of sale in transitu preventing a sale without such delivery.</p> <p>Same—Failure to Deliver—Conversion—Action by Consignors— Defenses—Sale In Transitu and Transfer of Title—Right of Assignees. An action as for a conversion, for the failure of a carrier to deliver goods shipped, cannot be maintained by the consignors of goods to be delivered at a certain port to self or order, where the consignors sold all the goods in transitu, and assigned and delivered the bills of lading to the purchasers, before the arrival of the vessel, who demanded and received a portion of the goods; since such sale and assignment passed the title to the goods, and rendered the carrier liable to the purchasers for failure to deliver.</p> <p>Same—Trusts. Such action cannot be maintained by the consignors as trustees of an express trust, since they unconditionally parted with title, especially when the suit is not prosecuted for the benent of the purchasers.</p> <p>Same—Breach of Contract of Carriage—-Action for Value—■ Defenses—Sale of Goods Before Suit. The consignors of goods to be delivered to self or order cannot, after a sale of the goods in transitu and a transfer of all their title, maintain an action upon the contract of carriage for the failure of the carrier to make delivery, where the value of the goods enters into the element of the recovery, since it is essential to such action that the beneficial interest in the property remain in the consignors.</p>