Legal Opinion

Chicago, Burlington & Quincy Railroad v. Benson Produce Co.

Supreme Court of Minnesota

Decided September 30, 1921No. 22,438PublishedCited by 2 opinions

Action in the district court for Swift county to recover $171.50 balance due for freight and demurrage on a carload of potatoes. Judgment by default was entered in favor of plaintiff. From the judgment entered purusant to the order for judgment, defendant appealed.

1Opinion of the Court

Taylor, C.

Defendant appeals from a judgment entered against it 'by default, and contends that the complaint shows on its face that the alleged cause of action was barred 'by the statute of limitations.

The action is for a balance of $171.50 claimed to be due for freight and demurrage on a carload of potatoes shipped over plaintiff’s railway from Minneapolis, Minnesota, to Chicago, Illinois. It appears from the complaint that on or about May 29, 1913, the potatoes were delivered to the Great Northern Railway Company at Bellingham, Minnesota, to be transported to Minneapolis, and there to be…

2Cases cited3 opinions

  1. Trebby v. SimmonsSupreme Court of Minnesota · 1888
  2. Ferrier v. McCabeSupreme Court of Minnesota · 1915
  3. Riley v. Mankato Loan & Trust Co.Supreme Court of Minnesota · 1916

3Cited by2 opinions

  1. Roe v. WidmeSupreme Court of Minnesota · 1934
  2. Parsons v. Town of New CanadaSupreme Court of Minnesota · 1941

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