355. Where the consignee is liable.

The consignee, as against the charterer, is not generally liable to pay freight. But he may, by reason of the circumstances surrounding his receipt of the goods, render himself liable under a new contract1. Since the shipowner has a right to withhold delivery until the freight has been paid2, the receipt of the goods in such a case, although it does not of itself create any obligation to pay freight3, may amount to evidence of a new contract, distinct from the contract of carriage, by which the receiver, in consideration of the shipowner giving up his lien, agrees to