Legal Opinion

Strawberry Growers' Selling Co. v. American Ry. Express Co.

Court of Appeals for the Fifth Circuit

Decided April 5, 1929No. 5114PublishedCited by 2 opinions

1Per curiam

This was a suit to collect an undercharge in express rates upon interstate shipments of strawberries. It was brought more than two years, but less than three years, after the shipments were made.

The defenses were: (1) Prescription of two years under the Louisiana statute; and (2) estoppel, in that appellant had settled with the farmers whom it represented upon-the basis of the rates charged and collected as the shipments were made.

As these were interstate shipments, the state statute of prescription does not apply. Suit within three years from the time the cause of action accrued is…

2Cases cited1 opinion

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FinkSupreme Court of the United States · 1919

3Cited by2 opinions

  1. Sanantex Oil Co. v. ThompsonCourt of Appeals of Texas · 1955
  2. Vicksburg, S. & P. Ry. Co. v. PaupCourt of Appeals for the Fifth Circuit · 1931

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