FAIRMAN V. UNITED FRUIT COMPANY.

all courts, and that such judgment be satisfied out of the money deposited with the clerk of the lower court as security to obtain the order of arrest.
Reversed.
C. P. FAIRMAN versus UNITED FRUIT COMPANY.
No. 140. Argued June 6, 1914.-Decided June 25, 1914.
BILL OF LADING.
In the absence of fraud and deceit or mistake, the shipper is bound by the
terms of the bill of lading that has been delivered to and accepted by him
or his agent.
CHARTER PARTY.
One who charters a vessel for a voyage, a portion of a voyage or for a fixed
period of time is a charterer within the meaning of the term used in the
Harter Act.
THE HARTER ACT.
The owner, agent or charterer of a vessel is rnt liable for loss or damage occasioned by negligence in navigation provided that the vessel was properly manned, equipped and supplied and in all respects seaworthy at the time
that it left port.
Appeal from the Circuit Court of the Third Judicial Circuit; Hon. Thomas E. Brown, Jr., Judge.
The facts appear in the opinion.
Hincktey and Ganson, for appellant. Fairman, MacIntyre and Enderton, for' appellee.
GUDGER, C., J. This is an appeal from a judgment entered in the Third Judicial Circuit in favor of the plaintiff for the sum of $718 and the facts are substantially as follows:
On the 7th day of June, 1907, the plaintiff deposited with the United Fruit Company at New Orleans, La., two boxes. containing wearing apparel, etc., to be shipped to the plaintiff in care of agent (supposed to mean United Fruit Co's agent) at Colon, R. P. A. bill of lading was issued and received by the plaintiff in due course of mail, but as to who delivered the goods to the defendant company in New Orleans, is not stated in the record.
They were, however, sent on the order of the plantiff from a warehouse in Kansas City, Mo., where they had been Stored for

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