The Cardiganshire

In June, 1923, there was shipped at the port of London, England, by Balfour, Williamson & Co., aboard the Cardiganshire, 47,800 bags of cement, consigned to Balfour, Guthrie & Co., at Portland, Or., with consignee’s option to take delivery at Astoria or Longview. While *417 the cargo was in transit, the consignee sold the cement to libelant herein. With the consent of the ship, libelant diverted the cement to the port of Los Angeles. From the same port of origin there had been shipped in the Cardiganshire by a different consignor another lot of cement, amounting to approximately 59,985 sacks, which was consigned to Geo. L. Eastman Company at the port of Los Angeles. At the time of the arrival of the ship, libelant, being resident at Portland, sent its representative from that city to Los Angeles. This representative made a sale of the cement to several purchasers, who were to take delivery at the dock.

The ship’s agent at the port of Los Angeles employed stevedores to discharge the cement, both that consigned to libelant and that consigned to the Geo. L. Eastman Company. The cement intended for Eastman was known as the “Hand” brand, while that intended for libelant was “Pyramid”…