B-119104, MAY 6, 1954, 33 COMP. GEN. 544

B-119104: May 6, 1954

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BILLS OF LADING - GOVERNMENT - CONSIGNEE'S CERTIFICATE OF DELIVERY REQUIREMENT CARRIER WHICH TRANSPORTED ENLISTED MAN'S HOUSEHOLD EFFECTS UNDER GOVERNMENT BILL OF LADING MAY NOT BE ALLOWED PAYMENT UNLESS VOUCHER IS ACCOMPANIED BY CONSIGNEE'S CERTIFICATE OR SIGNED STATEMENT THAT THE SHIPMENT WAS DELIVERED IN APPARENT GOOD ORDER AND CONDITION. THE CONSIGNEE THEREON IS TECHNICAL SERGEANT JIMMIE H. THE PACKING SERVICES WERE PERFORMED BY THE LEXINGTON PARK TRANSFER AND STORAGE COMPANY AS AGENT OF THE HOWARD VAN LINES. WHICH WAS THE INITIAL AND ONLY CARRIER INVOLVED IN THE SHIPMENT. IS SIGNED BY ONE L. IT IS STATED IN YOUR LETTER THAT IT IS ANTICIPATED THAT SUPPLEMENTAL BILL WILL BE RECEIVED FOR STORAGE AND DELIVERY OF THE GOODS WHEN FINAL DELIVERY IS EFFECTED FROM THE STORAGE IN TRANSIT WAREHOUSE TO FINAL DESTINATION.

B-119104, MAY 6, 1954, 33 COMP. GEN. 544

BILLS OF LADING - GOVERNMENT - CONSIGNEE'S CERTIFICATE OF DELIVERY REQUIREMENT CARRIER WHICH TRANSPORTED ENLISTED MAN'S HOUSEHOLD EFFECTS UNDER GOVERNMENT BILL OF LADING MAY NOT BE ALLOWED PAYMENT UNLESS VOUCHER IS ACCOMPANIED BY CONSIGNEE'S CERTIFICATE OR SIGNED STATEMENT THAT THE SHIPMENT WAS DELIVERED IN APPARENT GOOD ORDER AND CONDITION.

ACTING COMPTROLLER GENERAL WEITZEL TO CAPTAIN J. M. WEIDNER, UNITED STATES MARINE CORPS, MAY 6, 1954:

BY FIRST ENDORSEMENT DATED MARCH 1, 1954, THE COMMANDANT OF THE MARINE CORPS FORWARDED YOUR LETTER OF FEBRUARY 26, 1954, REQUESTING ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF A VOUCHER STATED IN FAVOR OF HOWARD VAN LINES, INC., IN THE AMOUNT OF $471.75 COVERING TRANSPORTATION, INCLUDING ACCESSORIAL SERVICES, OF HOUSEHOLD GOODS OF TECHNICAL SERGEANT JIMMIE H. KEY, U.S. MARINE CORPS, SHIPPED FROM LEXINGTON PARK, MARYLAND, TO SAN ANTONIO, TEXAS, ON GOVERNMENT BILL OF LADING N-31650685, ISSUED DECEMBER 8, 1953.

THE BILL OF LADING COVERING THE INVOLVED SHIPMENT PROVIDES FOR STORAGE IN TRANSIT AT DESTINATION, SAN ANTONIO, TEXAS, AND THE CONSIGNEE IN TRANSIT AT DESTINATION, SAN ANTONIO, TEXAS, AND THE CONSIGNEE THEREON IS TECHNICAL SERGEANT JIMMIE H. KEY. THE PACKING SERVICES WERE PERFORMED BY THE LEXINGTON PARK TRANSFER AND STORAGE COMPANY AS AGENT OF THE HOWARD VAN LINES, INC., WHICH WAS THE INITIAL AND ONLY CARRIER INVOLVED IN THE SHIPMENT. THE CONSIGNEE'S CERTIFICATE OF DELIVERY AT SAN ANTONIO ON DECEMBER 17, 1953, IS SIGNED BY ONE L. RAY KILBORN FOR HOWARD VAN LINES, INC. IT IS STATED IN YOUR LETTER THAT IT IS ANTICIPATED THAT SUPPLEMENTAL BILL WILL BE RECEIVED FOR STORAGE AND DELIVERY OF THE GOODS WHEN FINAL DELIVERY IS EFFECTED FROM THE STORAGE IN TRANSIT WAREHOUSE TO FINAL DESTINATION. YOUR DOUBT AS TO THE PROPRIETY OF PAYMENT ARISES BECAUSE OF THE FACT THAT THERE IS NO EVIDENCE THAT THE GOODS HAVE BEEN DELIVERED TO THE OWNER WHOSE NAME IS SHOWN AS THE CONSIGNEE.

THE GOVERNMENT BILL OF LADING, STANDARD FORM NO. 1103, USED IN THIS CASE, EMBODIES, AMONG THE PROVISIONS TO WHICH THE FORWARDING OF THE SHIPMENT COVERED THEREBY IS MADE SUBJECT, THE FOLLOWING:

IT IS MUTUALLY AGREED AND UNDERSTOOD BETWEEN THE UNITED STATES AND CARRIERS WHO ARE PARTIES TO THIS BILL OF LADING THAT---

1. PREPAYMENT OF CHARGES SHALL IN NO CASE BE DEMANDED BY CARRIER, NOR SHALL COLLECTION BE MADE FROM CONSIGNEE. ON PRESENTATION OF THIS BILL OF LADING, PROPERLY ACCOMPLISHED AND ATTACHED TO FREIGHT VOUCHER PREPARED ON THE AUTHORIZED GOVERNMENT FORM, TO THE OFFICE INDICATED ON THE FACE HEREOF, PAYMENT WILL BE MADE TO THE LAST CARRIER, UNLESS OTHERWISE SPECIFICALLY STIPULATED.

ALSO UNDER THE CAPTION " INSTRUCTIONS," ON THE BACK OF THE BILL OF LADING, APPEARS THE OLLOWING:

* * * THE CONSIGNEE ON RECEIPT OF THE SHIPMENT WILL SIGN THE CONSIGNEE'S CERTIFICATE ON THE ORIGINAL BILL OF LADING AND SURRENDER THE BILL OF LADING TO THE LAST CARRIER. THE ORIGINAL BILL OF LADING THEN BECOMES THE EVIDENCE UPON WHICH SETTLEMENT FOR THE SERVICE WILL BE MADE. * * *

IN VIEW OF THE FOREGOING PROVISIONS OF THE GOVERNMENT BILL OF LADING FOR PAYMENT OF CHARGES UPON PRESENTATION OF THE BILL OF LADING PROPERLY ACCOMPLISHED, WHICH CLEARLY CONTEMPLATES THE EXECUTION BY THE CONSIGNEE OF THE CERTIFICATE OF DELIVERY SHOWING RECEIPT OF THE SHIPMENT AT DESTINATION, AND SINCE THE CONSIGNEE IN THIS CASE, TECHNICAL SERGEANT JIMMIE H. KEY, HAS NOT EXECUTED SUCH CERTIFICATE, THERE IS NO LEGAL BASIS FOR THE PAYMENT OF THE AMOUNT CLAIMED. IN ORDER TO JUSTIFY PAYMENT OF THE AMOUNT CLAIMED, THERE SHOULD BE OBTAINED FROM THE CONSIGNEE A CERTIFICATE OR STATEMENT OVER HIS SIGNATURE THAT THE HOUSEHOLD GOODS IN QUESTION HAVE BEEN DELIVERED IN APPARENT GOOD ORDER AND CONDITION, EXCEPT AS OTHERWISE NOTED THEREIN, SHOWING ANY EXCEPTIONS FOR LOSS OR DAMAGE IN THE SHIPMENT AS DELIVERED.

ACCORDINGLY, PAYMENT ON THE VOUCHER, WHICH IS RETURNED HEREWITH, IS NOT AUTHORIZED.