Supplemental Digest of Decisions Under the Interstate Commerce ACT Volume 4

Supplemental Digest of Decisions Under the Interstate Commerce ACT Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...billed and paid creates a situation from which a finding would be justified of an implied promise to pay such freight charges. 10 Corpus Juis, 445, 446; 2 Hutch, on Carriers, 799, 806-810; Union Pac. Ry. Co. v. Am. Smelting Co., 202 Fed. 720, 121 C. C. A. 182 (9 C. C. A.); Penn. Ry. Co. v. Titus, 216 N. Y. 17, 109 N. E. 857, L. R. A. 1916E, 1127; Elwell v. Skiddy, 77 N. Y. 282; Central Ry. Co. v. MacCartney, 68 N. J. Law 165, 52 Atl. 575; Old Colony Ry. Co. v. Wilder, 137 Mass. 536. If the court is right in holding that an implied promise of the consignee to pay freight is stated in the petition, then it cannot say as a matter of law that this promise is extinguished, or that such a promise does not arise because the shippers' agreement to prepay freight. The consignor's express promise can have no greater force and effect than the consignor's legal liability to pay the freight, which liability is always present In a shipping contract, unless expressly waived. In all such cases the consignee's promise is implied and may be enforced notwithstanding the primary liability of the consignor still exists. The two promises are independent of each other and the carrier may obtain both and sue on either as is most convenient to it Such is the ordinary rule, and as a proposition of law the addition thereto of an express promise to prepay by the conslgnor does not call for a different conclusion. Payment by the consignor would, of course, extinquish all liability for the freight charges. The giving, however, of a note or of a check therefor, which is afterwards dishonored, may or may not become payment, depending upon the express understanding of the parties at the time the note or check was given or accepted. If nothing is agreed to in more

Product details

  • Paperback
  • 189 x 246 x 31mm | 1,061g
  • United States
  • English
  • black & white illustrations
  • 1236900634
  • 9781236900630