Every consignee of goodsnamed in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods thereinmentioned shall pass, upon or by reason of such consignment or endorsement shall have transferred toand vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if thecontract contained in the bill of lading had been made with himself.
Nothing herein contained shallprejudice or affect any right of stoppage in transit,1 or any right to claim freight against the originalshipper or owner, or any liability of the consignee or endorsee by reason or in consequence of his beingsuch consignee or endorsee, or of his receipt of the goods by reason or in consequence of suchconsignment or endorsement.
Every bill of lading in the hands of a consignee or endorsee for valuable consideration,representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipmentas, against the master or other person signing the same, notwithstanding that such goods or some partthereof may not have been so shipped, unless such holder of the bill of lading shall have had actual noticeat the time of receiving the same that the goods had not in fact been laden on board:
Provided that the master or other person so signing may exonerate himself in respect of suchmisrepresentation, by showing that it was caused without any default on his part, and wholly by the fraudof the shipper, or of the holder, or some person under whom the holder claims.