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TITLE [Claim to Delivery of Tangible Movable Property, etc.]Supreme Court Decision 2009Da39820 Decided October 15, 2009 [full Text]
Summary
[1] The legal relation between carrier and bonded warehouse operator where marine transportation freight enters into the bonded warehouse for customs clearance and whether liability for damages arises if the bonded warehouse operator delivered marine transportation freight entered into the bonded warehouse for customs clearance to a person other than the consignee on the bill of lading without carrier's instruction (affirmative) [2] The bonded warehouse operator's legal status as to the carrier, etc. in case where a bonded warehouse operator takes marine transportation freight into custody pursuant to a bailment contract with a real importer of marine transportation freight [3] The case holding that a bonded warehouse operator's act of delivering marine transportation freight without exchange with a bill of lading and without instruction of carrier, etc. and only with confirmation of Master D/O issued by a transporter company constitutes torts as an unlawful invasion on the House B/L holder's right to claim delivery of freight
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