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Thomas Johnson Michie.

A treatise on the law of carriers (Volume 4) online

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senger, p. 3155.
Liability as insurer:

See infra, "Liability as Insurer."
Liai)ility for negligence, pp. 3144,

3147.
Money intrusted ior safe-keeping
to carrier or its servants, p. 3155.
Negligence, pp. 3144, 3147.
Personal baggage in general, p.

3141.
Property other than personal prop-
erty, p. 3148.
Property under control of passen-
ger, p. 3145.
Proximate cause, p. 3144.
Right and duty of carrier to inves-
tigate, p. 3153.
Sufficiency of notice to carrier of

nature of property, p. 3154.
What law governs, p. 3141.
Where passenger does not accom-
pany baggage, p. 3144.
Luggage, p. 3113.
Master and servant:

See infra, "Extra Baggage and Spe-
cial Contracts."
Merchandise, p. 3124.
Money, pp. 3120, 3125, 3150, 3155.
Negligence:

See infra, "Liability as In-
surer;" "Loss or Injury."
Carrier as warehouseman, p. 3174.
Checking baggage, p. 3175.
Presumption of negligence, p. 3186.
Notice of arrival at destination, p. 3158.
Notice of limitation of liability, p. 3164.
Notice of nature of property, pp. 3150,.

3154.
Notice of rules, p. 3111.
Notice to carrier, p. 3136.
Palace cars and sleeping car companies:
See "Palace Cars and Sleeping Car
Companies."
Penalty for failure to affix check to bag-
gage and to deliver duplicate to pas-
senger, p. 147.
Perishable property, p. 3126.
Place of delivery, pp. 3113, 3136, 3158.
Pleading, p. 3185.

Presumptions and burden of proof, p.
3186:
Connecting carriers, p. 3182.
Principal and agent, p. 3161:

See infra, "Extra Baggage and Spe-
cial Contracts."



4092



INDEX.



BAGGAGE, io:tfd.

Proximate and remote cause, p. 3144.

Public enemy, p. 3143.

Pullman:

See "Palace Cars and Sleeping Car
Companies."
Questions of law and fact, pp. 3130,

3194, 3239.
Reasonable time for removal, p. 3159.
Receipts:

See infra, "Checks and Receipts,
and Checking Baggage."
Rules of carrier, pp. 3110, 3155:
Illustrations, p. 3111.
Checking, p. 3111.
Notice of rules, p. 3111.
Right to make reasonable rule, p.

3110.
Rule as to place for delivery of bag-
gage, p. 3113.
Rules as to carrying particular
property into passenger cars, p.
3112.
Waiver of rule, p. 3112.
Sleeping cars:

See" "Palace Cars and Sleeping Car
Companies."
Special contracts, p. 3132.
Termination of liability, p. 31G0.
Theft, pp. 3143, 3147.
Tickets and fares:

Connecting carriers, pp. 3176, 3177.
Liability before purchase of ticket
or demand for check, p. 3175.
Time for removal of baggage by pas-
senger, p. 3159.
Time of delivery, p. 3158.
Tools, p. 3127.

Transportation, pp. 3109, 3157.
Transporting:

See "Transfer Companies."
Usao-es ?nd customs, pp. 3110, 3112,

3117, 3136.
Watches, p. 3129.
Weapons, p. 3130.
Wearing apparel, p. 3129.
What constitutes baggage, p. 3113:

Articles usually transported as

freight, p. 3117.
Class and habits of traveler, p. 3116.
Commercial travelers' samples, p.

3121.
Dogs, p. 3122.
During continuance of journey, p.

3116.
Effect of usage, p. 3117.
Effects of immigrants, p. 3118.
For personal use of passenger, p.
3114. . . ,

For the use after termination of

journey, p. 3116.
General rule, p. 3113.
Household goods, p. 3122.
Jewelry for personal use, p. 3123.
Jewelry for sale, p. 3125.
Length, nature and purposes of

journey, p. 3115.
Merchandise, p. 3124.
Money, p. 3125.

Money in excess of traveling ex-
penses, p. 3126.



BAGGAGE, cont'd.

Wliat constitutes baggage, cont'd.
Money of others, p. 3120.
Necessary and usually carried by

passengers, p. 3113.
Particular articles not constituting

baggage, p. 3118.
Particular kinds of property, p.

3121.
Perishable property, p. 3126.
Presents for others, p. 3117.
Property of members of family, p.

3120.
Property of others, p. 3119.
Property to be used for recreation,

p. 3127.
Quantity, p. 3131.
Questions as to quantity and value,

p. 3131.
Questions for court or jury, p. 3130.
Tools, and professional instruments

and documents, p. 3127.
Usage, p. 3117.
Value, p. 3131.
Watches, p. 3129.
Weapons, p. 3130.
Wearing apparel, p. 3129.
Witnesses, p. 3189.

BAGGAGE TRANSFER

See "Transfer Companies."

BAGGAGE WAGON

Common carriers, p. 8.

BAILMENT

Liability of a carrier of goods gratui-
tously, p. 725.

BANKRUPTCY AND INSOLVENCY

Stoppage in transitu:

See "Stoppage in Transitu."

BANKS AND BANKING

Charging unpaid draft to drawer's ac-
count, p. 398.

Deposit of draft with bill of lading at-
tached for collection, p. 399.

Draft with bill of lading attached:
See "Draft."

BELL ROPES

Carriers of passengers, p. 1827.
Street railways, p. 1825.
BEST AND SECONDARY EVIDENCE
Actions against carrier for breach of

contract, p. 464.
Carriers of live stock, p. 1461. .

BILL OF LADING, p. 297.

See "Contracts of Affreightment;"
"Shipping Receipts."
Acceptance and assent to provisions,
pp. 303, 319, 3880:
Assent to and acceptance by con-
signor, p. 319:
Bill received after goods

shipped, p. 324.
Burden of showing assent to

change terms, p. 322.
Change of route, p. 319.
Effect of acceptance, p. 319.
Failure of shipper to sign bill,
p. 322.



INDEX.



4093



BILL OF LADING, coufd.

Acceptance and assent to provisions,
cont'd.
Assent to and acceptance by con-
signor, cont'd.

Failure to read or examine bill,

p. 323.
Possession of bill by shipper
prima facie evidence cf con-
sent, p. 322.
Presumption of assent from

acceptance, p. 320.
"Read this bill," printed in ital-
ics on its face, p. 321.
Rebuttal of presumption, p.

322.
Receipt calling attention to con-
ditions on its back. p. 321.
General rule, p. 319.
Implied assent to provisions, p. 319.
Account for freight, p. 302.
Action by transferee, p. 486.
Actions, p. 403.
Agents, p. 304:

Agents and employees of railroads,

p. 304.
Agents and employees who may is-
sue, p. 304.
Authority of agents to issue bills of
lading before reception of goods,
p. 306.
Proof or estoppel to deny authority
of agent, p. 304.
Alterations of instruments, p. 380.
As contract of carriage, p. 340.
Assent:

See infra, "Acceptance and Assent
to Provisions."
Assignment:

See infra, "Transfer."
Attachment, pp. 366, 384.
Authority to issue, pp. 304, 3879.
Blanks, p. 327.
Blind bill of lading, p. 302.
Bona fide holders, p. 373:

Duplicate or triplicate bill. p. .■>74.
Effect of statutes making bills of

lading negotiable, p. 373.
Estoppel of carrier to deny condi-
vtions and representations in bill,
p. 374.
General rule, p. 373.
Holder of forged bill of lading, p.

376.
Holder of lost or stolen bill of lad-
ing, p. 375.
Holder with knowledge of defects

in transferrer's title, p. 374.
Notice of owner's rights, p. 376.
Title and rights, p. 373.
Carriers by water, p. 3877:

Acceptance and assent to provi-
sions, p. 3880.
Authority to issue, p. 3879.
Connecting carrier, p. 3886.
Contents, p. 3878.
Definition, p. 3877.
Delivery to holder, p. 3883.
Dual character as contract and as

receipt, p. 3882.
False bill of lading, p. 3879.



BILL OF LADING, cont'd.
Carriers by water, cont'd.
Form, p. 3878.
Interpretation and construction, p.

3S82.
Issuance, p. 3878.
I\egotiability, p. 3885.
Operation of bill of lading as vest-
ing property in consignee, p. 3883.
Presumptions and burden of proof:
Under a bill of lading acknowl-
edging receipt of goods in
good order, p. 3921.
Where damage within excep-
tions in bills, p. 3922.
Receipt of goods as prerequisite to

issuance, p. 3879.
Substitution of bill of lading for

original contract, p. 3882.
Time of issuance, p. 3878.
Transfer, p. 388.5.

Usage and custom of trade, p. 3882.
Validity of bills of lading, p. 3881.
Warranty, p. 3884.
Charges:

Stipulation in bill of lading, p. 1151.
Stipulations as to, p. 354.
Clean bill of lading, p. 302.
Common carrier:

As imposing liability of common
carrier, p. 340.
Conditions on back of bill, p. 328.
Conflict of laws:

Foreign laws, p. 330.
Issue of bill of lading before re-
ceipt of goods, p. 313.
Laws governing indorsements, p.

329.
Laws governing interpretation, p.
329.
Connecting carrier, p. 3886:

Effect as binding intermediate and
terminal carrier, p. 402.
Consignee, p. 342:

Effect as vesting property in con-
signee, p. 349.
Presumption that consignee is

owner, p. 348.
Rights and liabilities as to con-
signee, p. 382.
Transfer of bill of lading, p. 367.
When property does not vest in
consignee, p. 351:
Bill not delivered to consignee,

p. 351.

Bill of lading and draft attached

drawn to shippers' order, p.

353.

Bill to A. for use of B., p. 354.

Bill to another than purchaser,

p. 353.
Bill with draft attached to be
delivered to purchaser of
goods, p. 353.
Consignment to be sold on

commission, p. 352.
General rule, p. 351.
Goods billed to buyer subject

to seller's order, p. 353.
Goods billed to shipper's order,
p. 352.



4094



INDEX.



BILL OF LADING, cont'd.
Consignee, cont'd.

When property vests in consignee,

p. 349:

Consignee bank advancing

monej' for purchase of goods,

p. 350.

Consignee making advances on

faith of bill, p. 350.
Consignment to enemy or neu-
tral, p. 350.
General rules, p. 349.
Removal of goods by unauthor-
ized person, p. 351.
Stoppage in transitu, p. 349.
Consignor:

Effect of assignment, p. 3S0.
Transfer of bill of lading, p. 367.
Construction, pp. 326, 3882:
Blanks, p. 327.

Conditions on back of bill, p. 328.
Conflict of laws, p. 329.
Construction of words and phrases,

p. 327.
Construed against carrier, p. 326.
Dual character as contract and as
receipt:
See infra, "Contract and Re-
ceipt."
General rules, p. 326.
Obvious prevails over hidden mean-
ing, p. 327.
Partial invalidity, p. 330.
Subject-matter and surrounding cir-
cumstances, p. 326.
Usages and customs, p. 328.
When bill of lading part of con-
tract, p. 330.
Contents, pp. 302. 3878.
Contract:

As contract generally, p. 331.
Dual character as contract and as

receipt, pp. 331, 3882.
Transfer of contract between con-
signor and consignee, p. 370.
When bill of lading part of con-
tract, p. 330.
Contract and receipt, p. 331:

As contract generally, p. 331.
As contract of carriage, p. 340.
As receipt in general, p. 332.
Dual character of bill of lading, p.

331.
Parol evidence to vary or contra-
dict bill:
See infra, "Parol Evidence."
Contracts of affreightment in form of

bill of lading, p. 3867.
Declaration, petition or complaint, p.

404.
Definition, pp. 301, 3877.
Delivery by carrier:

See infra, "Transfer by In-
dorsement and Delivery."
Carrier requiring production and
surrender of bill of lading, p. 519.
Contradiction between bill of lad-
ing and marks on goods, p. 538.
Delivery to holder of bill of lading,
p. 547.



BILL OF LADING, cont'd.
Delivery by carrier, cont'd.

Delivery without production of bill
of lading, p. 555:
Bill attached to draft, p. 559.
Direction in bill to notify third

person, p. 560.
Duplicate bills, p. 560.
Effect of delivery to proper

person, p. 557.
General rule, p. 555.
Laches of holder of bill, p. 559.
Liability to bona fide holder, p.

558.
Statutes requiring surrender of

bills of lading, p. 557.
Stipulation requiring produc-
tion of bill, p. 556.
Subsequent transfer of bill, p.

558.
Where goods have been trans-
ferred from one carrier to an-
other, p. 555.
Demand of delivery, p. 378.
Duty to deliver to transferee, p. 376.
Liability for misdelivery or delay

— In general, p. 378.
Nonnegotiable bill, p. 377.
Notice of owner's rights, p. 376.
Payment of freight and charges as

condition precedent, p. 378.
Person to wdiom delivery author-
ized, p. 342:
Consignee, p. 342.
Direction to notify a named

person, p. 343.
General rule, p. 342.
Open and closed shipments, p.
342.
Production and cancellation of bill

of lading, p. 377.
Transfer operating as constructive
' delivery of goods, p. 370.
Waiver or right to indorsement of
bill, p. 379.
Delivery of bill, p. 361:

See infra. "Transfer by Deliv-
ery and Indorsement."
Consignor indebted to consignee, p.

363.
Exception in favor of stoppage in

transitu, p. 362.
Intention to pass title, p. 362.
Necessity for acceptance of posses-
sion, p. 362.
Necessity for indorsement to ena-
ble holder to sue, p. 363.
Possession of bill of lading as evi-
dence of title in holder, p. 362.
Rebuttal of presumption, p. 362.
Right of disposal retained by con-
signor, p. 363.
Transfer by delivery of bill, p. 361.
Delivery to carrier:

See infra, "Receipt of Goods
as Prerequisite to Issuance."
As evidence of receipt and accept-
ance of shipment, p. 341.
Destination or place of delivery, p-
341,



INDEX.



4095



BILL OF LADING, cont'd.
Delivery to carrier, cont'd.

Effect of transfer where no goods
delivered to carrier, p. 373:
General rules, p. 373.
Title to goods not shipped or
included in bill, p. 373.
Eviclence of time of receipt of ship-
ment, p. 341.
Necessity for and effect of bill of
lading, p. 291:
Authority of officer, p. 294.
Effect of issuance of bill of lad-
ing, p. 293.
Effect of statute as to com-
mencem.ent of liability, p. 294.
General rules, p. 291.
Liability begins on receipt of

goods, p. 292.
Verbal contract sufficient, p.
293.
Delivery to holder, p. 3883.
Demurrage:

Liability of holder of bill of lading,

p. 712.
Necessity for bill of lading, p. 702.
Rules contained in bills of lading,

p. 706.
Stipulations for demurrage, p. 354.
Directing verdict, p. 407.
Discharge, p. 402.
Drafts:

See "Draft."
Delivery by carrier where bill of
lading is attached to draft, p. 559.
Delivery without bill of lading, p.

559.
Deposit of draft with bill of lading

attached for collection, p. 398. _
Purchase or discount of draft with
bill of lading attached, p. 390:
Charging unpaid draft to draw-
er's account, p. 398.
Deposit of draft with bill of
lading attached for collec-
tion, p. 398.
Drawer indebted to drawee or

consignee, p. 392.
Effect of consignee's accepting

and paying draft, p. 398.
Forged bill of lading, p. 397.
Fraudulent bill, p. 397.
Intervention in garnishment

proceedings, p. 397.
Liability of purchaser for short-
age or inferiority of ship-
ment, p. 393.
Notice that payment to drawer

unauthorized, p. 392.
Recording papers, p. 390.
Rights against carrier, p. 393.
Ricrhts against third persons, p.

393.
Ri'T^ht'; and title of purchaser,

p. 390.
Richt to sue for purchase price
or for conversion of goods,
p. 393.
Transfer of bill of ladmg with
bill of exchange attached, p.
390.
Warranty, p. 394.



BILL OF LADING, cont'd.
Drafts, cont'd.

Sale or payment of draft with bill

of lading attached, p. 366.
Title, custody and control of goods
where bill of lading attached to
draft, p. 479.
Dual character as contract and as re-
ceipt, p. 331, 3882.
Duplicate bills, pp. 319, 560:

Transfer, p. 400.
Duty to issue, p. 319.
Effect of bill of lading, p. 291.
Effect of understating quantity, p. 348.
Estoppel:

Authority of agent, pp. 304-307.
Estoppel of carrier to deny condi-
tions and representations in bill,
p. 374.
Evidence:

As evidence of quantity, quality or
condition of goods, p. 345:
As evidence of quality or con-
dition of goods, p. 345.
As evidence of quantity or

weight of goods, p. 346.
Bill made exclusive evidence of
quantity by agreement, p. 347.
As evidence of receipt and accept-
ance of shipment, p. 341.
As evidence or warranty of title or

ownership, p. 348.
As warranty or evidence of quan-
tity, quality or condition of goods,
p. 343.
Bill of lading as evidence of con-
tract, p. 428.
Bill of lading or receipt as evidence,

p. 295.
Destination or place of delivery, p.

341.
Evidence of time of receipt of ship-
ment, p. 341.
Necessity of producing bill of lad-
ing, p. 829.
Production of bill of lading or proof

of contents, p. 405.
Proof of execution of bill, p. 406.
Expense account of carrier, p. 303.
Failure to read or examine bill, p. 323.
False bill of lading, p. 3879.
Foreign laws, p. 330.
Forgery, pp. 314, 315, 326:

Deposit of draft with fictitious or
forged bill of lading attached, p.
399.
Evidence of forgery uncontradicted,

p. 407.
Holder of forged bill of lading, p.
376.
Form, pp. 302, 3878.
Fraud and deceit, pp. 314, 326:

Draft with ImII of lading attached,

p. 397.
Holder with knowledge of defects

in transferrer's title, p. 374.
Shii)nient fraudulently procured by
])crson not owner of goods, p. 349.

Freight:

Stiinilation as to, p. 354.



;096



IXDEX.



BILL OF LADING, confd.
Garnishment:

Guaranty of payment describing
goods, p. 397.
Indorsement:

See infra, "Transfer by Indorsement
and Delivery."
Instructions, p. 406.

Question for court, p. 40G.
Insurance:

bee "Insurance."
Interpretation and Construction:

See infra, "Construction."
Interstate and foreign commerce, p.

3540.
Issuance, pp. 303, 3878. ,
Issuance in duplicate, p. 319.
Laches:

Laches of holder of bill, p. 559.
Law as part of, p. 303.
Liens, p. 384.
Limitation of liability, p. 962:

See "Carriers by Water;" "Lim-
itation of Liability."
Acceptance of freight receipt or bill
of lading as assent to limitation,
p. 985.
Issuance of bill of lading or receipt

after shipment, p. 996.
Notice on back of receipt or bill of

lading, p. 964.
Provisions stamped or written on
face of receipt or ])ill of lading,
p. 963.
Loss or injury to goods:

Evidence, pp. 829, 837.
Lost or stolen bill of lading:

Holder of lost or stolen bill of lad-
ing, p. 375.
Marginal memoranda, p. 303.
Master of vessel, pp. 304, 306.
Memoranda, p. 303.
Merger, p. 450:

Merger of oral negotiations and
prior verbal agreements, p. 334.
Mistake, p. 326.
Mode of transfer, p. 361.
Modification, p. 402.
Necessity, pp. 291, 303.
Negotiability, pp. 355, 3885:

See infra, "Transfer."
Bills marked "not negotia1:)le," p.

360.
Distinguished from commercial

paper, p. 355.
Effect of statute making bills of lad-
ing negotiable, p. 358.
False bill of lading, p. 358.
General rule, p. 355.
Not negotiable in the sense of ne-
gotiable paper, p. 358.
When carrier incurs liability of
warehousemen, p. 360.
Notations, p. 303.
Notice:

Notice of contents, p. 327.
Operation of bill of lading as vesting

property in consignee, p. 3883.
Parol evidence, p. 332:

Between consignor and consignee,
p. 334.



BILL OF LADING, confd.
Parol evidence, cont'd.

Bill as contract, p. 332.

Destination or j^lace of delivery, p.
340.

Goods not delivered to carrier, p.
338.

Instances of inadmissibility of evi-
dence of prior verbal contract, p.
335.

Merger of oral negotiations and
prior verbal agreements, p. 334.

Obligations implied from nature of
contract, p. 333.

Parol evidence to alter or contra-
dict receipt clauses of bill, p. 336.

Parol evidence to varv or contra-
dict bill, p. 332.

Proof that bill contract of parties,
p. 333.

Recital as to ownership of goods, p.
340.

Recital as to quality or condition of
goods, p. 339.

Recital of fact of receipt and quan-
tity of goods, p. 337.

Recitals as to rate and receipt of
freight, p. 340.

Terminus of road, p. 340.

To explain ambiguities and tech-
nical terms, p. 336.
Parties, p. 404.
Penalties for violations of regulations:

Refusal to give shipper a proper bill
of lading, p. 151.
Person:

Delivery by carrier without produc-
tion of bill of lading, p. 555.
Pleading, p. 404.
Pledge and collateral security, p. 387:

Action for wrongful conversion of
goods, p. 389.

Delivery of bill of lading equivalent
to actual possession of goods, p.
389.

Intention of parties, p. 388.

Priority against assignment of pur-
chase money, p. 389.

Priority of pledgee against person
advancing money to shipper, p.
382.

Rights of pledgee, etc., p. 387.

Right to pledge, p. 387.

Security for pre-existing debt, p.
387.

Title to goods and right of posses-
sion, p. 388.

Who are pledgees, etc., p. 387.
Presumptions and burden of proof, pp.
318, 320, 3921, 3922:

Presumption as to receipt of goods,
p. 318.

Presumption of assent from ac-
ceptance, p. 320.

Rebuttal of presumption of assent
from acceptance of bill. p. 320.
Production of documents, p. 829:

Necessity of producing bill of lading
in action for nondelivery, p. 589.
Proof of execution of bill, p. 840.
Published tariffs, p. 303.



INDEX.



4097



BILL OF LADING, cont'd.

Questions of law and fact, p. 406.
Receipts of goods as prerequisite to is-
suance, pp. 305, 3879:
As against bona fide consignee or
transferee, p. 308:
Alabama statute, p. 315.
Arkansas statute, p. 315.
Basis and reasoning of doc-
trine, p. 309.
Conflict of laws, p. 313.
Doctrine in New York, Pennsyl-
vania and certain other states,
p. 310.
Doctrine prevailing in most ju-
risdictions, p. 308.
Effect of custom or course of

business, p. 313.
Effect of state statutes, p. 315.
Fraudulent bills of lading, p.

314.
Mississippi statute, p. 316.
Missouri statute, p. 317.
Negligence of carriers, p. 314.
Texas statute, p. 317.
Authority of agents or employees,

p. 306.
Bill of lading surrendered for un-
authorized due bill, p. 317.
Due bill promising to issue a bill

of lading, p. 317.
Estoppel, p. 307.
General rule, p. 305.
Liability as insurer of goods, p. 305.
Presumption as to receipt of goods,

p. 318.
Proof of nonreceipt of goods, p. 318,
Subsequent delivery to carrier as
valid^tins: bill, o. 317:
General rule, p. 317.
Where statute prohibits issu-
ance before receipt of goods,
p. 318.
Receipts:

See infra, "Contracts and Receipt."

Release, p. 402.
Rescission, p. 402, 454.
Sales:

Transfer operating as constructive
delivery of goods, p. 370.
Shipping receipts:

Efifect where bill of lading subse-
ouently issued, p. 411.
Signature, p. 302:

Failure of shipper to sign bill, p.
322.
Stamp duty on liills of lading, p. 3594.
Statement of value of goods, p. 302.
Stoppage in transitu, pp. 349, 362:

See "StODpaee in Trpns-'tu."
Possession of bill of lading as evi-
dence as of title in holder, p. 362.
Seizure of goods in transit by per-
son sellincr to consignor, p. 350.
Transfers defeating, p. 380.
Substitution of bill of lading for origi-
nal contract, p. 3883.
Surrender, p. 402.
Time of issuance, p. 3878.



BILL OF LADING, cont'd.

Transfer, pp. 355, 3885:

See "Stoppage in Transitu."
See infra, "Negotiability;"
"Transfer by Indorsement and
Delivery."
Action by transferee, p. 486.
Assignability, p. 360.
Assignment made after arrival of

goods, p. 373.
As transfer of contract between

consignor and consignee, p. 370.
Attachment of bill of lading, p. 366.
Bona fide holders:

See infra, "Bona Fide Holders."
Certified order for delivery, p. 372.
Consideration, p. 369.
Delivery by carrier:

Demand of delivery, p. 378.
Duty to deliver to transferee,

p. 376.
Liability for misdelivery or de-
lay — In general, p. 378.
Nonnegotiable bill, p. 377.
Notice of owner's rights, p. 376.
Payment of freight and charges
as condition precedent, p. 378.
Production and cancellation of

bill of lading, p. 377.
Waiver or right to indorsement
of bill, p. 379.
Delivery of bill:

See infra, "Delivery of Bill."
Duplicate bills, p. 400.
Effect of transfer, pp. 369, 371.
Goods billed to shipper's order, p.

372.
Goods shipped without authority of

owner, p. 373.
Holder of forged bill of lading, p.

376.
Holder of lost or stolen bill of lad-
ing, p. 375.
Holder with knowledge of defects

in transferrer's title, p. 374.
No goods delivered to carrier, p.
373 :
General rules, p. 373.
Title to goods not shipped or
included in bill, p. 373.
Operation as constructive delivery

of goods, p. 370.
Persons who make transfer, p. 366:
Bill of lading never delivered to

consignee, p. 368.
Bill sent to agent for delivery
to consignee or payment of
purchase price, p. 368.
Consignee, p. 367.
Consignor or agent, p. 367.
General rules, p. 366.
Question of reservation of jus
disponendi one of intention,
p. 368.
Where shipper reserves jus dis-
ponendi, p. 367.
Pledge and collntcral security:

See infra, "Pledge and Collat-
eral Security."
Purchase or discount of draft with
bill of lading attached, p. 390:



4098



INDEX.



BILL OF LADING, cont'd.
Transfer, cont'd.

Purchase or discount of draft with
bill of lading attached, cont'd.
Charging unpaid draft to draw-
er's account, p. 398.
Deposit of draft with bill of
lading attached for collection,
p. 398.
Drawer indebted to drawee or

consignee, p. 392.
Effect of consignee's accepting

and paying draft, p. 398.
Forged bill of lading, p. 397.
Fraudulent bill, p. 397.
Intervention in garnishment



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