For if this had been a _bona fide_ transaction, it was the duty
of the party interested to take the master before the consul to witness
the taking of the deposition, so that he might verify "the paper," if
captured. But why should Mr. Snyder be the party to make this
affidavit? He was not the shipper, but Davidson, a lumber dealer; and
Davidson, who, if he sold the lumber at all, must have known to whom he
sold it, was the proper person to testify to the fact. Further: the
master says that Snyder bought the lumber from Davidson, as he was
informed by his (the master's) brother, who was the owner of the ship.
If so, then Snyder being the owner of the lumber (whether on his own or
foreign account, it matters not) was the real shipper, and not Davidson,
and the proper person to consign it to the consignees, either in his own
name, or in the name of his principal, if he were an agent. But the bill
of lading, and Davidson's letter to the consignees, show that Davidson
was both the shipper and the consignor. The ship was also chartered by
Davidson, and 13,000,000 dollars freight-money paid in advance, for
which Davidson required the owner of the ship to secure him by a policy
of insurance against both marine and _war_ risk--the policy made payable
to him (Davidson) in case of loss. Two questions arise upon that policy:
1st--why, if the property were _bona fide_ neutral (the cargo itself was
also insured in London) the war clause should be inserted? and, 2nd--why
Davidson should make the policy payable to himself? If he advanced this
freight money on the credit of the London house, he had no insurable
interest in it; and if the lumber really belonged to the London house,
and was going to their partners or agents at the port of delivery, why
should Davidson pay the freight in advance at all? And if Snyder
purchased the lumber of Davidson, why should Snyder not have made the
advance for his principal instead of Davidson? The conclusion would seem
to be, that Davidson was shipping this lumber on his own account to
agents, in whose hands he had no funds or credit, and as the lumber
might not be sold readily, the ship could not be paid her freight unless
it were paid in advance? Further: the ship had a contingent destination.
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