Moody v. Stem

It is alleged in the complaint that the defendants, who “are engaged in the business of housing, storing and selling tobacco as public licensed warehousemen”, charged and collected from plaintiff auction fees in excess of the rate fixed by statute. Under these circumstances plaintiff had an election to bring an action ex contractu to recover back the illegal overcharges exacted by the defendants, or to bring an action ex delicto for the breach of a duty imposed by statute. It has uniformly been held that where a public carrier charges and collects more than allowed by law, such exaction is a…