Reports of cases argued and decided in the Supreme Court of the State of Texas, during the Galveston session, 1867, with an appendix containing the cases of the Galveston session, 1861, etc. Volume 29. Page: 126
ix, 626 p. ; 22 cm.View a full description of this book.
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118 MORGAN V. DIBBLE. [Galveston,
In Kohn v. Packard, 3 La. O. S. 227, it is said: "But
though the contract does not require the owners of the
vessel to deliver goods at any other place in the port than
the usual places of discharge, it is not to be considered
that [1! 8] they have the right to land the goods at those
places, and release themselves by doing so from all further
care and responsibility, without giving notice to the person
who is to receive them."
And it is also well said: '"Persons to whom goods are
sent may be absent from the port when the ship reaches
it; they may be disabled by sickness from attending to
their business; they may not be informed of the arrival
of the vessel. Under such circumstances, or many others
similar that may be supposed, it would be extraordinary
indeed if the carrier were authorized to throw the goods
on shore, where they could not fail to be exposed to
injury from the weather, and could not fail to be stolen.
There could be little difference in such an act and any
other that would occasion their loss. Contracts impose
on parties not merely the obligations expressed in
them, but everything which, by law, equity, and custom,
is considered as incidental to the particular contract, or
necessary to carry it into effect.
"Delivery is not merely an incident to a contract of affreightment,
it is essential to its discharge; and as there
cannot be a delivery without the act of two parties, it is
indispensable that the freighter should be apprised when
and where the ship-owner or his agent is ready to hand
over the goods."
That he has such information, may be shown either by
proof of express notice brought home to him, or by circumstantial
evidence, from general custom and usage, or
other facts sufficient to raise the presumption against
him.
The evidence in this case clearly establishes the fact,
that the usage of the port where appellee's goods were to
be delivered agrees with the ordinary undertaking of carriers
by water, and fixes the wharf where appellant's
126
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Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas, during the Galveston session, 1867, with an appendix containing the cases of the Galveston session, 1861, etc. Volume 29., book, 1882; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28544/m1/124/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .