I Now Present to You

Posted on: Jan 16, 2008

the new Mr. and Mrs…

Isn’t that fun to say?? I mean, uh, write??

It is!

It is!

And, on this, our two month anniversary, it only seems fitting.

Well, as you know good-ole-dad was able to attend the wedding, and other than a few centerpiece mishaps, a Maid of Honor shoe issue, and Peppe totally hating the tie I selected, everything was perfect! And, even those things worked out.

Here are a few of my favorite pictures from the day.

angelique+and+cole+ +wedding I Now Present to You
My beautiful cousin, and one of our five bridesmaids, Angelique, helping not-soooo-much-anymore Baby Cole get dressed before the wedding. My sister is just behind them chochi’ing her hair.

cherrye+and+giu+ +wedding I Now Present to You

Giuseppe, Peppe’s cousin and our best man, going over my Italian vows with me one last time. Onorarti… I got it, I got it…only, I didn’t!

putting+on+the+veil+  +wedding I Now Present to You

My childhood friend and Texas hair stylist, Gena, helping adjust my veil just before we run off to the limo. I don’t look nervous at all, do I?

the+boys+ +wedding I Now Present to You

The boys, just as I am about to walk, sola…down the aisle. Peppe and Giuseppe wait, along with Cole, our friend Jason, my cousin Scott, and another friend, Adrian. Aren’t they bellissimi?

cherrye+and+pep+ceremony+ +wedding I Now Present to You

Peppe, no doubt fearful of his mafiosa wife, saying a prayer – or else, taking a nap – during the ceremony.

baci+di+chiesa+ +wedding I Now Present to You

Did I mention our priest resigned one month before the wedding?!? Luckily, Father Stephen McCrate, who studied seminary in Rome, stepped in, saved the day, and performed our ceremony in both English and Italian. Here, he has just told Peppe he can give his new wife, un bacio di Chiesa. See how intent Cole is on ensuring we follow Father Stephen’s instructions?

in+veil+ +wedding I Now Present to You

Father Stephen wasn’t so specific this time…

mofiosi+ +wedding I Now Present to You

Realizing it is a little hard to see in this picture, Peppe proudly models both his new wife, and the new tie he picked up a only hours before the ceremony.

dancing+with+pawpaw+manshack I Now Present to You

Just after the cake cutting, my 96-year-young bisnonno asked the bride for a dance. He made it through all of The Archies, Sugar, Sugar and half-way through the next song before shaking his groove thing off the dance floor.

And, what fun that was! We laughed and danced all night, as many of the guests enjoyed healthy servings of assorted beer and wine, and hand-poured peach bellinis. After much discussion, Peppe and I decided the following components were, in our opinions, the evening “highlights”.

- We asked our cake designer to create individual-sized wedding cakes for each adult guest. Each individual cake mirrored a layer in the cake we cut and served to the children. The individual cakes were vanilla, but ummm, who says vanilla is boring and the larger cake had layers of Tiramisu, deep chocolate, and Italian Cream. We had cake coming out of our ears!

- As a surprise, but not secret, gift my parents rented an old-fashioned photo booth. It was a big hit with guests young and old – not to mention hotel staff members who just couldn’t stay out. After the event, the photo booth owners sent us a CD of all the pictures they took that night.

- Our friends. I mean, we knew they were good…but we had no idea. Friends flew in, not only from Italy, but from across America, as our hometown friends opened their homes, volunteered to be city tour guides, storage space centers, and chefs. They devised a make-shift floral center when we needed help, dropped what they were doing to finalize decorations, ran errands, made coffee, brought lunch. Man, they were good!

They are good.

And, Peppe and I are two very lucky people to have them in our lives.

Ahhh, yes…

Very lucky indeed!

Clean Bills of Lading for Damaged Cargo: Is it Legal?(Legislation)

Mondaq Business Briefing December 14, 2010 | Walker, Graham Edited by Graham Walker A clean bill of lading is one that does not contain any annotations (i.e. no “clausing” or remarks) regarding the condition of the cargo to which it relates.

If it is apparent to a master that cargo is damaged or in a condition that does not truly reflect its description on the bill of lading, the master may insert qualifying words noting that the cargo is in some way damaged or defective or deficient. In these circumstances, the bill of lading is described as a “claused”, “foul” or “dirty” bill of lading. billofladingnow.net bill of lading

Legally, a master is justified in refusing to sign the bill of lading in circumstances where the shipper/charterer has presented the master with a bill of lading that does not accurately describe the cargo, even where the charter party requires the master to sign bills of lading “as presented”.

Sometimes, however, charterers or shippers attempt to negotiate the wording that the master wishes to insert on the bill of lading, so as to cast less doubt on the integrity of the cargo, or even to remove the qualifying words altogether. As long as the final wording accurately describes the cargo, this is an acceptable practice.

Professor Tetley describes a letter of indemnity as a written undertaking by a shipper to indemnify a carrier for any responsibility that the carrier may incur for having issued a clean bill of lading when, in actual fact, there is a dispute as to the condition of the cargo received on board the carrying vessel.

This practice is designed to set up an “indemnity regime” in favour of the carrier should an innocent third party holder of the bill of lading (e.g. a consignee, endorsee or a financial institution) institute a claim against the carrier as a result of the cargo being received in a damaged condition, despite a clean bill of lading.

The injured third party, having relied upon the alleged good order and condition of the cargo at the time of loading, as evidenced by the clean bill of lading, has often already paid for the cargo only to receive damaged goods.

As explained below, the practice of issuing letters of indemnity in these circumstances can be fraught with risk. In many cases, Canadian courts will refuse to enforce such letters of indemnity, leaving the master and ship-owners with little to secure their claim against such shippers.

Courts have often held that such letters of indemnity are tantamount to an agreement to defraud a third party. For example, as early as 1928 in United Baltic Corporation Ltd v. Dundee, Perth & London Shipping Company Ltd, Mr. Justice Wright stated that: in our site bill of lading

“The practice of issuing clean bills of lading when goods are damaged is very reprehensible. It leads to trouble, and the people who do it ought to suffer trouble”.

Over time, however, the practice of carriers accepting letters of indemnity from shippers has developed as a commercial way of resolving a dispute at the port of loading as to whether the cargo received for shipment is in fact damaged. This, of course, is often a subjective opinion that necessitates an understanding of the nature of the cargo and its intended use by the receiver.

According to Professor Tetley, the letter of indemnity given by the shipper to the carrier in exchange for the clean bill of lading has been held to be unlawful, and therefore been treated as unenforceable by some courts.

As Morris L.J. stated in in Brown Jenkinson & Co. Ltd v. Percy Dalton (London) Ltd.:

“On the facts as found, and, indeed, on the facts which are not in dispute, the position was, therefore, that at the request of the defendants the plaintiffs made a representation which they knew to be false and which they intended should be relied on by persons who received the bill of lading, including any banker who might be concerned. In these circumstances, all the elements of the tort of deceit were present. Someone who could prove that he suffered damage by relying on the representation could sue for damages. I feel impelled to the conclusion that a promise to indemnify the plaintiffs against any loss resulting to them from making the representation is unenforceable. The claim cannot be put forward without basing it on an unlawful transaction. The promise on which the plaintiffs rely is, in effect, this: “if you will make a false representation which you will deceive endorsees or bankers, we will indemnify you against any loss that may result to you”. I cannot think that a court should lend its aid to enforce such a bargain”.

As the practice of the issuance of letters of indemnity develops, Canadian courts will have to decide whether, as a matter of public policy, they must refuse to enforce letters of indemnity given in exchange for the issuance of clean bills of lading.

Policy considerations abound. On one hand, it is a well-established rule that the condition of the goods must correspond to the description contained in the bill of lading when issued. The opposite may subject vulnerable and innocent third parties to what some call the illegal and deceitful agreement entered into between the shipper and the carrier. Moreover, the practice of signing clean bills of lading for defective cargo may also void insurance coverage provided by Protection and Indemnity clubs “P & I clubs”.

On the other hand, given the often subjective nature of the debate that sometimes arises over whether particular cargo is damaged, it is arguable that letters of indemnity are the most efficient way to deal with such disagreements, rather than clausing of bills of lading and denying the shipper the opportunity, in most cases, to draw down payment from letters of credit. Given these considerations it remains to be seen whether and to what extent Canadian courts will enforce letters of indemnity provided in exchange for clean bills of lading in cases involving allegedly damaged cargo, in the future.

About BLG The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Borden Ladner Gervais LLP Scotia Plaza 40 King Street West Toronto Ontario M5H 3Y4 CANADA Tel: 4163676000 Fax: 4163676749 URL: www.blg.com Click Here for related articles Walker, Graham

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Category: All About Me, Moving to Calabria, My Bella Vita Features

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21 Responses

  1. Giulia says:

    Cherrye, I have been reading every post that you have written since being back, but I have been terrible with commenting. Sorry. First and foremost, CONGRATULATIONS! Your wedding photos are stunning! I don’t think any wedding goes off without some obstacle. Some just have more obstacles than others. I am so happy to hear that your Father was able to attend, given the circumstances. He may not have walked you down the isle, but he was there, so that’s special all the same! I wish you and Peppe many, many healthy, happy and safe years together as husband and wife.

    [Reply]

  2. Megan in Liguria says:

    Welcome back & AUGURU Cherrye! You were a gorgeous, beaming bride! I have missed your blogs and look forward to reading them in 2008. Best to you & Peppe!

    [Reply]

  3. Cynthia Rae says:

    Thank you so much sharing your speical day with us! You looked so beautiful! What a good looking couple!

    Happy 2 month anniversary! Wishing you many years of happiness!
    Cyn

    [Reply]

  4. Cherrye says:

    Giula! I think you are good commenter! Thank you…Also, thank you for the compliments on the pics. We had a good photographer! And, you are right, I feel very fortunate that dad was there.

    Megan – Hey there! Thanks for the good wishes. I will be checking out your blog soon, too!!

    Hey Cynthia, Thanks!! I am going to do something special tonight and cook dinner for Pep! Ha ha…that is the special part. No, seriously, I found a bunch of new recipes I am going to try out…If I don’t post tomorrow, ya’ll should worry!

    [Reply]

  5. pat says:

    Wow…wow…wow…that was so beautiful. I was waiting for the wedding pictures. You were an absolutely stunning bride and have a very handsome husband. You make a beautiful couple. I am very happy for you. Very, very happy indeed. You have a beautiful story as well…the kind that reassures that there is till pure goodness in the world. Congratulations and figli maschi!

    [Reply]

  6. j says:

    Oh Cherrye, that all seems wonderful!
    You’re a handsome couple (and you’re a gorgeous bride).

    [Reply]

  7. erin says:

    Thanks so much for sharing these memories and photos with us. What a wonderful day…you all looked beautiful. And the photo booth idea is GREAT!

    (and by the way, you’re right, we should add Calabria to our list of places to visit :) )

    [Reply]

  8. bleeding espresso says:

    Oh how pretty you and everything looks! I can’t wait to flip through some albums in person….

    [Reply]

  9. katerinafiore says:

    you look amazing….glad to have you back on the blogging team…I am very happy for you and wish you lots of luck, amica….hope to come to your B&B someday soon!!! bacio :)

    [Reply]

  10. Stephanie says:

    Cherrye, you look absolutely gorgeous!!!!!! I love that dress!! Did your father in law get to come? That was nice of our friends and family to help with company, that is what I was worrying about (when Sarina ever decides on a DATE). His family coming and where would they stay. Did you get to go on a Honeymoon? I hope so…..Even though Italy is a honeymoon for me…..Sarina disagrees with me though, she wishes she was in Michigan and I wish I was in Florence. hahaha

    [Reply]

  11. Louise says:

    GORGEOUS pictures!
    You are a VERY stunning bride! Looks like a fantastic day!
    CONGRATULATIONS!!!

    [Reply]

  12. Erin says:

    First of all, I’m so happy you are back. Second, you looked absolutely STUNNING on your wedding day. I love your dress…and your hair : ) Wow!! You and Peppe look so very happy and what a beautiful day it must have been. I hope your dad is doing better. What a whirlwind those months must have been. Hopefully you are all settled back into life. Welcome back.

    [Reply]

  13. Texas Espresso says:

    handsome couple, beautiful dress – looks like a lovely wedding. Thanks for sharing the pics! I wish you many years of happiness and happy anniversary!

    Can’t wait to hear more about everything. hehe ( I am a high maintenance reader)

    Congrats!

    [Reply]

  14. Amber says:

    Oh, you look beautiful in your breathtaking dress and curls. Happy, happy day to the newlyweds!

    Oh, and don’t worry. You have lots of time to enjoy your time together before the potty training nightmares ensue. :-)

    [Reply]

  15. J.Doe says:

    Congratulations!! What beautiful wedding photos!

    [Reply]

  16. Jilli says:

    AUGURI!! I am happy to hear how great your day was… Your pictures are beautiful! Thanks for sharing them with us…
    Jill

    [Reply]

  17. Cherrye says:

    Thank you, Pat. I think he’s a cutie, too! Thanks for the positive comments on “our” story…we realize we are lucky!

    Ahhh, shucks…thanks, J! (Blush)

    Thanks, Erin. The photo booth was a lot of fun. I wish I’d have taken more pics in there, but it was such a busy night!

    Michelle – me either! Antonino is helping us put a coffee table album together.

    Thanks, Katie. I hope you come down soon, too. It is good to be back!

    Stephanie. We went to Southern Florida for a few days with his cousin (the lone Italian who came in), then we went to Belize for a week. It was very nice. Sadly, his dad didn’t come. IMO, Italians (at least the ones I know) are just different than Americans. If the wedding had been here, I’m sure I would have had several friends use the excuse to see Italy. His closest friends didn’t even really “try”…it is sad.

    Thanks, Louise. It seems so long ago now.

    Thank you, Erin. I know I said on your blog, but I really like the new look. I also recently read “your story” for the first time. WOW.

    Ha ha…funny, Stacy! Thanks for the wishes.

    Thanks, Amber! Although, I hope my kiddos run to Peppe like your little girl “did”.

    J Doe – Thank you so much! :-)

    Thanks, Jill. Now we just have to get that album together!

    [Reply]

  18. Tina says:

    Wow, what a beautiful bride! :-) Congratulations! Auguri!

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  19. GO GREEN Debbie says:

    Now that’s ONE STUNNING BRIDE…. and a groom that’s not 1/2 bad either! Congrats! GO GREEN! – Debbie

    [Reply]

  20. nyc/caribbean ragazza says:

    congrats!!!! These photos are beautiful.

    I said before but will say it again..you two are a gorgeous couple.

    [Reply]

  21. A says:

    Hey Mrs.Cherrye!:-) I just stopped by for a moment to say welcome back to Calabria e you looked stunning as always. You two look perfect together. I get all emotional over weddings and I must say just the pictures alone were enough to make me cry. Auguroni!!! I hope that every day of your lives together will be just as fun as the day you and Peppe married.

    [Reply]

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