Page:Federal Reporter, 1st Series, Volume 4.djvu/563

 SOHMIDT ». STEAM-SHIP PENNSYLVANIA. 549 �Thîs was a libel by Henry Schmidt, against the steam-ship Pennsylvania, for damages for refasal of the master to de- liver 67 baies of goat skins shipped on board of said steam- ship from Liverpool to Philadelphia. The owners of the steam-ship filed an answer averring that the refusai to de- liver was in consequence of a notice from the shipper to stop the goods in transit, and that as soon as this notice was Tvith- drawn they had offered to deliver the goods. �The testimony disclosed the following faets : In November, 1877, Henry Schmidt, of Philadelphia, received a letter from Havemann & Polemann, of Paris, France, oflfering to sell him 10,000 Servian goat skins which they had purchased at Trieste, Austria. On November 27, 1877, Schmidt aecepted this offer by cable, and on November 30th sold the skins to arrive to James S. Keene, of Philadelphia, On December 21, 1877, 'the agents of the American Steam-ship Company received the skins at Trieste from J. Bresch, to be transported to LiverpooL and from thence by one of the steamers of the American line to Philadelphia. They issued a bill of lading for the goods to Bresch in which no consignee was named, but the goods wera deliverable to the order of the consignor. Bresch, on the same day, indorsed the bill of lading to Havemann & Polemann, who in tum, upon receiving the money for the skins, forwarded it to Schmidt. The skins arrived at Philadelphia on the steam- ship Pennsylvania on February 3, 1878. Before their arrivai the agents of the steam-ship company received notice by cable from Bresch to stop the skins on account ,of insolvenoy of consignees, and to reship them to Liverpool. Upon the arrivai of the steam-ship at Philadelphia, Schmidt presented the bill of lading, informed the master that he had sold the skins to arrive, and demanded delivery, which, in consequence of the notice from Bresch, was refused. On account of the failure to deliver, Keene canceled the contract of sale with Schmidt. On February 12, 1878, this libel was filed by Schmidt against the vessel. On February 19, 1878, the notice to stop the skins was withdrawn, and counsel for respondent then wrote to counsel for libellant offering to deliver the goods, ����