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U.S. Supreme Court

Atlantic Phosphate Co. v. Grafflin, 114 U.S. 492 (1885)

Atlantic Phosphate Company v. Grafflin

Argued April 16, 17, 1885

Decided May 4, 1885

114 U.S. 492


A contract was made by A. of Charleston, with D., of Baltimore, for the sale and delivery at Charleston, of 2,500 tons of kainit, to be shipped from August to October, 1880 at a filed price, cash on delivery of each cargo. The kainit was to come from R. at Hamburg. D. procured G., for a commission paid him by D., to send to R. a credit on London for the amount of 2,500 tons of kainit in five cargoes, under which R. obtained the money. G. paid drafts, against the credit to the amount of the cargoes. The declarations and invoices by R., presented before the consul at Hamburg, named G. as the consignee at Charleston, and the bills of lading made the cargoes deliverable at Charleston to G. or his assigns. These papers were sent to A. before any of the cargoes arrived, with an invoice for each cargo, in the shape of a bill, made out thus: A. bought of G. a cargo of kainit, shipped by such a vessel, such a quantity, such a price, and a power of attorney, under which A's agent, as attorney for G., entered the cargoes at the customhouse at Charleston, in February and March, 1881, as imported by G., and made oath that G. was the owner. A. received and accepted the cargoes.


(1) G. was the owner of the cargoes, and sold and delivered them to A. to be paid for on delivery free from any claim growing out of the contract of A. with D. or R., for any breach of that contract as to the time of shipping the cargoes.

(2) A was liable to G. for the price of the cargoes, with interest from their delivery.

Action at law to recover the price of articles delivered by defendant in error to plaintiff in error. Judgment below for plaintiff. Defendant below, as plaintiff in error, brought the

Page 114 U. S. 493

cause here by writ of error. The facts are stated in the opinion of the Court.

Mr. Samuel Lord for plaintiff in error.

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