[DOWNLOAD] "Boston & M. Railroad v. Hannaford Bros." by Cumberland Supreme Court of Maine * eBook PDF Kindle ePub Free

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eBook details

• Title: Boston & M. Railroad v. Hannaford Bros.
• Author : Cumberland Supreme Court of Maine
• Release Date : January 18, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

On exceptions. This case is before the court on exceptions to the direction of a verdict in favor of the plaintiff by the presiding justice. The amount is not in dispute. The action was brought by the Boston and Maine Railroad, the delivering interstate carrier, to recover transportation charges on four carloads of bananas delivered by it to the defendant, Hannaford Bros. Co. One of these carloads was shipped, without prepayment of freight, by Lord and Spencer Company of Boston from Laredo, Texas, to the defendant. This car was carried from Boston to Portland by the plaintiff carrier and delivered to and unloaded by the defendant on October 14, 1943. The defendant admits ownership of the shipment in this car. On October 3, 1943, four other cars loaded with bananas were shipped without prepayment of freight from Laredo, Texas, by Pan American Banana Producers. ""Advice Lord and Spencer, all charges guaranteed by shipper."" On October 14, 1943, Lord and Spencer notified the plaintiff to divert these cars to the defendant at Portland, ""all charge to follow the cars."" The defendant accepted delivery of these shipments from the plaintiff on October 15, 1943 and unloaded the cars. The defendant received these four carloads as agent only of Lord and Spencer and had no beneficial title in the property. In accordance with rules and regulations of the Interstate Commerce Commission, the plaintiff carrier had an arrangement whereby the defendant was allowed a period not exceeding ninety-six hours after delivery within which to pay transportation charges upon freight delivered to it by the plaintiff. Within this period after the delivery of these carloads of bananas to the defendant, the plaintiff presented to it freight bills for the transportation charges thereon. As to the four carloads which it received as agent, the representative of the defendant who received the freight bills testified as follows: ""On the arrival of the freight bills I called Mr. McDuffie, cashier of the Boston & Maine railroad and told him the cars were not ours because they were commission cars and to make collection from Lord & Spencer and he advised me to write it on the statement that I was returning for collection from Lord & Spencer, which I did.""

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