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![handle is hein.slavery/ussccases0350 and id is 1 raw text is: Dec. 1871.] THE DELAWARE. 579
Statement of the case.
THE IELAWARE.
1. A clean bill of lading, that is to say a bill of lading which is silent
as to the place of stowage, imports a contract that the goods are to be
stowed under deck.
2. This being so, parol evidence of an agreement that they were to be
stowed on deck is inadmissible,
APPEAL frorn the Circuit Court for the District of Cali-
fornia; the case being thus:
The Oregon Iron Company, on the 8th of May, 1868,
shipped on board the bark Delaware, then at Portland,
Oregon, 76 tons of pig-iron, to be carried to San Francisco,
at a freight of $4.50 a ton. The bill of lading was in these
words:
Shipped, in good order and condition, by Oregon Iron Com-
pany, on board the good bark Delaware, Shillaber, master, now
lying in the port of Portland, and bound to San Francisco, to
say seventy-five tons pig iron, more or less (contents, quality,
and weight unknown), being marked as in the margin, and are
to be delivered in like good order and condition at the afbrsaid
port of San Francisco, at ship's tackles (the dangers of' the seas,
fire, and collision excepted) unto -, or assigns, he or they
paying freight for the said goods in United States gold coin
(before delivery, if required), as per margin, with 5 per cent.
primage and average accustomed.
In witness whereof the master or agent of said vessel hath
affirmed to three bills of lading, all of' this tenor and date; one
of which being accomplished, the others to stand void. Vessel
not accountable for breakage, leakage, or rust.
C. E. SHILLABER,
I IFor the captain.
PORTLAND, May 8th, 1868.
The iron was not delivered at San Francisco; and on a libel
filed by the Iron Company, the defence set up was that by a
verbal agreement made between the Iron Company anid the
master of the ship before the shipment or the signing of the
bill of lading, the iron was stowed on deck, and that the](ViewImageLocal?handle=hein.slavery/ussccases0350&div=1&collection=&method=preview&ext=.png&size=3)