Portland Fish Company, a Corporation v. States Steamship Company, a Corporation

Pursuant to its agreement to purchase' frozen tuna from a seller in the Philippines, Portland Fish Company, the plaintiff, deposited an irrevocable letter of credit with a Manila bank, authorizing payment to seller of $562.50 per short ton of fish upon presentation of a bill of lading.

Thereafter, seller delivered some fish to States Steamship Company, the defendant (hereafter Carrier), for carriage and received from the latter its bill of lading. Carrier verified by piece count the number of fish received, but, having no facilities for weighing them, accepted seller’s weight. This information was reflected in the bill as follows:

“SAID TO BE: SAID TO WEIGH:

IN BULK 30 SHORT TONS CLIPPER YELLOW 60000

FIN TUNA GILLED & Lbs.

GUTTED 30 SHORT TONS

SAID TO CONTAIN:

519 PIECES

Immediately underneath appeared this endorsement:

Seller then presented its sight draft with bill of lading and supporting documents to- the Manila bank, which paid him for 30 short tons of tuna. However, Carrier, upon reaching its destination, outturned 580 fish, which weighed only 12.825 short tons.

Plaintiff commenced this suit in admiralty to recover from Carrier the amount of the difference…