Craig and
Nicoll, for the parties named, still their not consigning it to them and
delivering to them the proper bill of lading passing the possession,
left the property under the dominion of Craig and Nicoll, and as such,
liable to capture. The property attempted to be covered by the Messrs.
Montgomery, is shipped by Montgomery Bros. of New York, and consigned to
Montgomery Bros., in Belfast; and the title to the property, so far as
appears in the bill of lading, is in the latter house, or in the branch
house in New York. Further, the mere formal papers of a ship and cargo
prove nothing, unless properly verified, and in this case the master of
the ship, although a part owner of the ship, whose duty it was upon
taking in a cargo in time of war, to be informed of all the
circumstances attending it, and connected with the ownership, knew
nothing, except what he learned from the face of the papers. These
certificates, therefore, were pronounced a fraud, and the cargo as well
as the ship, condemned. 3d Phillimore 610-12 to the effect, that if the
goods are going for account of the shipper, _or subject to his order or
control_ (as in this case), the property is not divested _in transitu_.
The goods shipped by Craig and Nicoll, were consigned to their _order_,
as has been seen.
As to the Montgomery's, see 3rd Phillimore 605, to the effect that if a
person be a partner in a house of trade in an enemy's country, he is, as
to the concerns and trade of that house, deemed an enemy, and his share
is liable to confiscation as such, notwithstanding his own residence is
in a neutral country.
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