William Johnson

“ The shipper who purchases goods on his own credit or with his own funds, is not acting in the ordinary capacity of a factor. If he were, the goods, even before shipment, would be the property of the individual on whose order the purchase is made. Such shipments are in the nature of a mercantile credit, and the shipper always retains the uncontroled exercise of discretion in extending it. There was, therefore, nothing inconsistent with the relative rights of the parties, in Thompson's imposing upon the consignees the condition of taking all or none of the two shipments ”

“ It is contended that the acceptance of the Fanny's cargo was conclusive as to both shipments; and that, although partial in terms, it must, in law, have effect as to the whole, since such was the condition imposed by the shipper; and that it was, in fact, the intention of the Claimants that such should be the effect of the acceptance; but the reservation was intended only as a ruse de guerre to guard against the effects of hostile capture.
There is certainly nothing illegal in resorting to devices to elude hostile capture ”

“ The papers on board are always sufficient for the captors. In a prize Court the documentary evidence is all important. This point is settled in the case of the claim of Jones and M'Gee in the Venus at this term.
As to the further proof produced in this cause, it is of very little importance. Dunham and Randolph did not comply with the condition upon which the property was to vest in them. They agreed to take a part only, and therefore were not entitled to any. It is immeterial whether this bound them to take the whole or not. It did not bind Thompson. ”