B-141890, AUG. 25, 1960

B-141890: Aug 25, 1960

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TO AMERICAN EXPRESS COMPANY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 24. IS SAID TO HAVE DISAPPEARED FROM THE DOCK AT BOMBAY. YOU STATE THAT COMMANDER CHAPPELL "WAS PAID IN FULL BY THE ASSURES UNDERWRITERS" AND THAT YOU ADVANCED PAYMENT TO "R.E.A.I. YOUR CLAIM IS FOR FREIGHT AND ACCESSORIAL CHARGES FOR THAT PORTION OF THE MOVEMENT. THE RECORD HERE SHOWS THAT THE SHIPMENT INVOLVED WAS DELIVERED TO "RAILWAY EXPRESS AGENCY AMERICAN EXPRESS CO.'. THAT ANY OTHER PARTICULAR PORTION OF THE MOVEMENT WAS COMPLETED. IT IS CERTAIN THAT THE SHIPMENT WAS NOT DELIVERED AT ITS INTENDED DESTINATION. WHICH IS THE CONTRACT OF TRANSPORTATION ENTERED INTO IN THIS TRANSACTION. STATES IN SUBSTANCE THAT PAYMENT OF CHARGES WILL BE MADE TO THE LAST CARRIER ON PRESENTATION OF A PROPERLY ACCOMPLISHED BILL OF LADING.

B-141890, AUG. 25, 1960

TO AMERICAN EXPRESS COMPANY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 24, 1960, AND EARLIER LETTER, FILE R-U-LG, N-71685, IN WHICH YOU REQUESTED A REVIEW OF OUR SETTLEMENT CERTIFICATE (IN CLAIM NO. TK 684168) DATED JANUARY 11, 1960, WHICH DISALLOWED YOUR CLAIM, PER BILL NO. M-71865, FOR TRANSPORTATION CHARGES ON A SHIPMENT OF ONE BOX OF SILVERWARE BELONGING TO LT.CDR. JOHN R. CHAPPELL FROM FALLS CHURCH, VIRGINIA, TO BOMBAY, INDIA, UNDER GOVERNMENT BILL OF LADING NO. N-33857991. THE SHIPMENT HAD BEEN DESTINED FOR NEW DELHI, INDIA, BUT IS SAID TO HAVE DISAPPEARED FROM THE DOCK AT BOMBAY. YOU STATE THAT COMMANDER CHAPPELL "WAS PAID IN FULL BY THE ASSURES UNDERWRITERS" AND THAT YOU ADVANCED PAYMENT TO "R.E.A.I. AND STEAMSHIP LINE" FOR TRANSPORTATION CHARGES COVERING THE PORTION OF THE MOVEMENT FROM FALLS CHURCH TO BOMBAY. YOUR CLAIM IS FOR FREIGHT AND ACCESSORIAL CHARGES FOR THAT PORTION OF THE MOVEMENT.

THE RECORD HERE SHOWS THAT THE SHIPMENT INVOLVED WAS DELIVERED TO "RAILWAY EXPRESS AGENCY AMERICAN EXPRESS CO.' AS INITIAL TRANSPORTATION COMPANY, AND CONTAINS NO EVIDENCE, OTHER THAN YOUR OWN UNSUPPORTED ASSERTION, THAT ANY OTHER PARTICULAR PORTION OF THE MOVEMENT WAS COMPLETED. HOWEVER, IT IS CERTAIN THAT THE SHIPMENT WAS NOT DELIVERED AT ITS INTENDED DESTINATION, AND IN THIS CONNECTION, CONDITION 1 ON THE BACK OF THE GOVERNMENT BILL OF LADING, WHICH IS THE CONTRACT OF TRANSPORTATION ENTERED INTO IN THIS TRANSACTION, STATES IN SUBSTANCE THAT PAYMENT OF CHARGES WILL BE MADE TO THE LAST CARRIER ON PRESENTATION OF A PROPERLY ACCOMPLISHED BILL OF LADING. IN THIS INSTANCE SINCE THE SHIPMENT WAS NOT DELIVERED, THE CONSIGNEE'S CERTIFICATE OF DELIVERY ON THE BILL OF LADING IS NOT, AND COULD NOT BE, COMPLETED. THUS, SINCE THE PAYMENT FOR SERVICE PERFORMED UNDER THIS GOVERNMENT BILL OF LADING IS PREDICATED UPON DELIVERY AT DESTINATION, YOUR BILL CANNOT BE PAID WHERE, AS IN THIS CASE, THE BILL OF LADING COULD NOT BE "PROPERLY CCOMPLISHED" BECAUSE OF THE FAILURE TO DELIVER THE GOODS AT DESTINATION. SEE ALCOA S.S.CO. V. UNITED STATES, 338 U.S. 426; STRICKLAND TRANSPORTATION COMPANY V. UNITED STATES, 223 F.2D 466.

ACCORDINGLY, FOR THE REASONS STATED, THE SETTLEMENT OF JANUARY 11, 1960, WAS CORRECT, AND IS HEREBY SUSTAINED.