Renteria v Ruding and another
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1830 |
| Date | 07 June 1830 |
| Court | High Court |
English Reports Citation: 173 E.R. 1241
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Referred to, Amos v. Temperley, 1841, 8 M. & W. 798, Sanders v. Vanzeller, 1843, 4 Q B. 260.
Guildhall, June 7, 1830. Adjourned Sittings in London. renteria v. ruding and another. (An indoreee of a Spanish bill of lading to whom the goods have ben delivered under it, is liable in assumpsit for the freight, although the bill of lading is for delivery to the consignees, without saying " or their assigns," such bills of lading appearing by evidence to be usually passed by indorsement.) [Referred to, Amos v. Temperley, 1841, & M. & W. 798 , Sander* v. Vanzeller, 1843, 4 Q B. 260.] Afisurapsit for freight, work and labour, and the money counts The action was brought to recover £192, Is 4d for freight of a cargo of wheat shipped from Deva in Spain to London, and delivered to the defendants under the bill of lading, which had been indorsed by O'Brien, the consignee named in it, immediately on its arrival in London The following is a translation of the bill of lading, whieh was in Spanish :- " I Jose Antonio Rentena, of Vernreo in Biscay, master of the ship called ' St. Jose,' bow lying at anchor in the prt of Deva, in order, when the wind shall be 1242 DAVIS V. DALE M. ft M. 612. favourable, to prosecute the present voyage to the port of London, acknowledge ta have received and loaded on board my said ship, and under the deck thereof, from you, Mr. Bernardo Echaluce, 1826 fanegas Guipuzcoa measure or 1584 fanegas of Alaya wheat, each fanega weighing 86 pounds of [512] 17 ounces per pound ; \ fanegas of Blanquillo, well selected, the fanega weighing 89 and one quarter pounds of 17 ounces per pound ; and 151 fanegas, also selected, weighing 88 and three quarters pounds, the whole well conditioned and marked and numbered as per ro&rgin, and which I promise and bind myself, please God to grant me a safe voyage with my said vessel to the aforesaid port, to deliver for you and in your name to Messrs. Andrew O'Brien and Loughnan on being paid freight ten rials vellon for each fanega, and besides 10 per cent for primage, with average accustomed ; and to the performance hereof I bind my person...
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Forth and Others v Stanton, Widow
...so as to vest the property in the assignee, and enable him to sue in his own name: as bills of lading, 5 T. R. 683, Lickbarrow v. Mason, [Mood. & M. 511, Renteria v. Eliding,] and West India dock warrants, 1 B. Moore, 12, Zwinger v. Samuda. 1 Taunt. "265, S. C. 7 Taunt. 278, Lucas v. Dmrien......
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Sanders, Snow and Cockings against Vanzeller
... ... c. 7, 4, ed. 5. See ed. 7, p. 420, part iv. c. 9, 4. (a)1 See Renteria v. Ending, Moo. & M. 511, 513. (a)2 See ed. 7, p. 376, part iv. c. 5, s. 4. K. B. xllii.-29* 06 ... That point was raised in Amos v. Tetnperley (8 M. & W. 798); but the case was decided on another ground.] Then, as to the form of the verdict. The jury profess to leave to the Court whether the ... ...