F. N. Phillips Co. v. Gay's Express, Inc.

The complaint in this case contained two counts, the joinder of which is not here questioned. It is apparent that in the trial, the plaintiff relied only on the first which reads as follows:

"The defendant is a trucking company engaged in inter-state transportation of general freight. The said defendant did at various times contract to carry certain goods for the plaintiff, said goods to be delivered to the consignee, a ITarbro Manufacturing Corporation of Bellows Falls, said goods being consigned on a strictly C.O.D. basis. The said defendant did accept the various shipments of merchandise on…