Missouri Pacific Railroad v. H. M. Brown Coal Co.

Action to recover for freight upon three cars of coal shipped over plaintiff’s road to defendant at Charleston, Missouri. The petition was in three counts, one for freight on each ear of coal. On the first count plaintiff asked for $71.72; on the second, $72.05 and on the third, $79.06.

The answer admitted the amounts charged were correct but pleaded payment by checks drawn on a bank in Charleston which, it is alleged, plaintiff held an unreasonable length of time and did not present said cheeks until after the bank had failed and closed its doors.

The sole issue in this case was as to whether…