Alaska Coast Co. v. Alaska Pacific Fisheries

(after stating the facts as above). 1. It is contended by the appellant that this suit cannot be maintained because the appellee did not, as required by the bills of lading, present to the appellant its claim for loss and damage within 10 days from the date of the arrival of the vessel at the port of discharge, and did not, within 60 days from such date, bring this suit for such loss and damage.

[1,2] We are of the opinion that this objection to the action cannot be sustained: First. Because it does not appear from tire evidence that such bills of lading, if delivered, were delivered to any person whose acceptance of the same bound the appellee. If, as claimed by the appellant, the bills of lading were delivered to the watchmen at the canneries, there is no evidence that these watchmen had, or assumed to have, any authority from the appellee to enter into any shipping contract with any officer ox the vessel. No one signed the bills of lading for or on behalf of the appellee, and the order of the ap-pellee’s president and manager to the master of the vessel to bring ' out the salmon did not bind the appellee to the terms set forth in the forms of the bills of lading in use by the…