The Syskonen v. Logan

E.D. Pennsylvania

The Syskonen v. Logan

28 F. 335, 1886 U.S. Dist. LEXIS 117

DecidedJuly 7, 1886

StatusPublished

This text of 28 F. 335 (The Syskonen v. Logan) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Syskonen v. Logan, 28 F. 335, 1886 U.S. Dist. LEXIS 117 (E.D. Pa. 1886).

Pincite

Opinion

Sutlee, J.

The cargo was received by the ship under bills of lading which provided for its delivery at Philadelphia, to “order or assigns, be or they paying freight.” The bills were indorsed to Gardeicke, who, on the ship’s arrival in Philadelphia, ordered her to a discharging berth, where the cargo was delivered into lighters sent to receive it. The lighters belonged to the respondents, who had contracted with Gardeicke for it, undertaking to pay the stipulated price on delivery to them. Gardeicke had it thus delivered, in pursuance of his contract, directly from the ship, the respondents receipting to the ship for it. The ship knew no one in the transaction but Gardeicke, and supposed she was delivering to him, or some one representing him, and accordingly called on him for the freight immediately after. Failing to obtain payment from him, and finding him probably insolvent, she resorted to the respondents. In view of the facts, the libel cannot be sustained. The respondents were neither assignees of the bills of lading, nor owners of the cargo, until after its delivery.

The bill must be dismissed, with costs to respondent.

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Sutlee, J.

The cargo was received by the ship under bills of lading which provided for its delivery at Philadelphia, to “order or assigns, be or they paying freight.” The bills were indorsed to Gardeicke, who, on the ship’s arrival in Philadelphia, ordered her to a discharging berth, where the cargo was delivered into lighters sent to receive it. The lighters belonged to the respondents, who had contracted with Gardeicke for it, undertaking to pay the stipulated price on delivery to them. Gardeicke had it thus delivered, in pursuance of his contract, directly from the ship, the respondents receipting to the ship for it. The ship knew no one in the transaction but Gardeicke, and supposed she was delivering to him, or some one representing him, and accordingly called on him for the freight immediately after. Failing to obtain payment from him, and finding him probably insolvent, she resorted to the respondents. In view of the facts, the libel cannot be sustained. The respondents were neither assignees of the bills of lading, nor owners of the cargo, until after its delivery.

The bill must be dismissed, with costs to respondent.

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Bluebook (online)

28 F. 335, 1886 U.S. Dist. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-syskonen-v-logan-paed-1886.