Page:Federal Reporter, 1st Series, Volume 5.djvu/131

 MINTURN V. ALEXANDRE. 119 �property is not deprived of bis title except nvith his own con- sent, unless it be in favor of a party who bas parted with value on the faith of an apparent title created by the act of the owner himself in anotber. There is clearly nothing in the form of a bill of lading, or the indorsement of it, which, as between the consigner and consignee, precludes the former from showing that the transfer of the property is intended as security only, or that it was only intended for the purpose of transferring the possession of it to the consignee for the use and benefit of the consigner, with or witbout a power to sell it, or deal with it otberwise than simply to bold it subject to bis furtber order. The simple fact, tberefore, that libellants are the holders of a bill of lading, naming tbem as consignees of the goods, does not necessarily import that tbey bave any interest in the goods whatever. It is quite consistent with tbia fact that the only agreement between tbem and the shipper is that when the goods arrive tbey vfill receive and keep tbem subject to his order. �The establisbed rule of the admiralty courts is that the suit must be brought in the name of the real party in interest. Fretz V. Bull, 12 How. 468. Bowell settled is this rule tbat, long before the assignee of a chose in action was allowed in courts of common law to sue in his own name, bis right to sue as the real party in interest was recognized in the admi- ralty. Colb V. Howard, 3 Blatcbf. 524. It is insisted, how- ever, that it is enough to allege in the libel those f acts wbicb, if shown in evidence, will make a prima fade case. The argument is unsound. Pleadings must be unequivocal. They must be definite. They must be certain to a reasonable intent. The fact to be averred and proved by a libellant in a collision suit is that lie bas sueh an interest in the tbing damaged, by reason of a special or general right of property therein, that by its loss or injury be bas sustained damage. Sucb interest must, tberefore, be averred unequivocally and witb certainty. Pleadings which may well be true, and yet no damage to the party foUow as a consequence, state noth- ing that need be answered. Facts which are held sufiScieut prima fade T^rooi ai ownership are sobeld because they creato ����