COUR DE CASSATION, Chambre commerciale, du 13 mai 1964, Publié au bulletin
Case Outcome | REJET. |
Court | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Date | 13 mai 1964 |
Publication au Gazette officiel | N° 249 |
QUE LES OPERATIONS DE TRANSIT FURENT CONFIEES PAR LA VENDERESSE A LA SOCIETE BIROLLEAUD, DE NANTES, QUI EN CHARGEA SON CORRESPONDANT DE BORDEAUX, GENESTAL ;
QUE LE CAPITAINE DU Y... AYANT, SANS INSTRUCTIONS, CHARGE EN PONTEE PARTIE DE LA MARCHANDISE (CERCLES DE FER) ET PORTE SUR LE CONNAISSEMENT - QUI DEVAIT ETRE, SELON LA CONVENTION, "CLEAN ON BOARD" - LA MENTION DE CE CHARGEMENT EN PONTEE EN PRECISANT "AUX RISQUES ET PERILS DE LA MARCHANDISE", LA BANQUE OTTOMANE REFUSA DE PAYER LES ACCREDITIFS ;
QUE LA S.O.D.A.P. AYANT, DE SON COTE, REFUSE DE RETIRER ET DE REGLER A L'ARRIVEE LA MARCHANDISE QUI FUT VENDUE A BAS PRIX POUR LE PAYEMENT DES DROITS DE DOUANE, LA SOCIETE SEGUIN ASSIGNA EN REPARATION DE SON PREJUDICE LES TRANSITAIRES, LE CAPITAINE, LA BANQUE ET LA S.O.D.A.P. ;
QUE L'ARRET ATTAQUE A CONDAMNE LA S.O.D.A.P. AU PAYEMENT DU PRIX ET LE CAPITAINE EN 800.000 FRANCS DE DOMMAGES-INTERETS ;
ATTENDU QUE CE DERNIER REPROCHE A LA COUR D'APPEL D'AVOIR AINSI STATUE A SON ENCONTRE, AU MOTIF QUE LE FAIT DOMMAGEABLE (NON-REALISATION DU CREDIT DOCUMENTAIRE) ETAIT LA CONSEQUENCE DU CHARGEMENT EN PONTEE EFFECTUE SANS AUTORISATION, ALORS QUE LE CAPITAINE NE DOIT REPONDRE, DU FAIT DU...
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