Wenzhou Baililande Rubber Tire Co., Ltd. v. MSC Mediterranean Shipping Company S.A et al.
摘要
Plaintiff shipper entrusted Defendant carrier to ship a batch of goods. Defendant signing agent on behalf of the carrier issued a full set of the original bill of lading to the shipper, the port of departure was Ningbo, and the port of destination was Brazil Navigantes. After the shipment of the goods involved, the full set of original bill of lading was still held by the shipper because the foreign buyer did not pay for the bill of lading. The container involved was unloaded at the port of destination to Portonave Terminal and registered in Siscomex, and then the container was transferred by the customs authorities to POLY Port Bonded Terminal, which, after accepting the goods, delivered the container of goods involved to the consignee. The shipper suffered loss due to the act of releasing the goods without a bill of lading and filed an action before the court, requesting the carrier and the signing agent to bear the liability for its loss.