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consignee
contracts. One to whom a consignment is made.
2. When the goods consigned to him are his own, and they have been ordered to be sent, they are at his risk the moment the consignment is made according to his direction; and the persons employed in the transmission of the goods are his agents. 1 Liverm. on Ag, 9. When the goods are not his own, if he accept the consignment, he is bound to pursue the instructions of the consignor; as if the goods be consigned upon condition that the consignee will accept the consignor's bills, he is bound to accept them; Id. 139; or if he is directed to insure, he must do so. Id. 325.
3. It is usual in bills of lading to state that the goods are to be delivered to the consignee or his assigns, he or they paying freight; in such case the consignee or his assigns, by accepting the goods, by implication, become bound to pay the freight, Abbott on Sh. p. 3, c. 7, 4; 3 Bing. R, 383.
4. When a person acts, publicly as a consignee, there is an implied engagement on his part that he will be vigilant in receiving goods consigned to his care, so as to make him responsible for any loss which the owner may sustain in consequence of his neglect. 9 Watts & Serg. 62.
Source : Bouvier 1856
Language : English