Dampskibs Aktieselsk Orient v. W. R. Grace & Co.

From a consignment of 1,779 bundles of iron bars weighing 276,528 kilos, shipped by the appellee from New York to Buenos Aires, Argentina, by the steamship Natal, owned by the appellant, but under a voyage charter to R. P. Houston & Co., 71 bundles weighing 11,035 kilos were missing when the vessel discharged cargo at Buenos Aires, and were never delivered to the consignee. The hill of lading was issued by the charterer. At the time of the discharge, there was no delivery of cargo directly to the consignee, but as many of the iron bars of the consignment as arrived were, according to the rule of the port, discharged into the custom house in charge of the custom house authorities, and were not received by the consignee or his vendee until two or three months thereafter. *383 The owner of the vessel, the appellant herein, in its answer to the libel, alleged the appellee’s failure to comply with the provision in the bill of lading that, in ease any claim should be made against the carrier for loss or short delivery, sueh claim must be presented in writing at the office of the agents of said steamship at the port of discharge “within three days after the steamer shall have finished…