Toledo, Wabash & Western Railway Co. v. Elliott
Illinois Supreme Court
Appeal from the Circuit Court of Logan county; the Hon. Lyman Lacey, Judge, presiding. This was an action of assumpsit, by Henry F. Elliott, James Congdon and Eugene Burnell, partners, doing business under the name and style of Elliott, Congdon & Co., against the Toledo, Wabash and Western Railway Company, to recover back a rebate of five and a half cents per hundred pounds on a lot of corn shipped to Boston on defendant’s road, under a special agreement to that effect.
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Appeal from the Circuit Court of Logan county; the Hon. Lyman Lacey, Judge, presiding. This was an action of assumpsit, by Henry F. Elliott, James Congdon and Eugene Burnell, partners, doing business under the name and style of Elliott, Congdon & Co., against the Toledo, Wabash and Western Railway Company, to recover back a rebate of five and a half cents per hundred pounds on a lot of corn shipped to Boston on defendant’s road, under a special agreement to that effect. The facts of the case are stated in the opinion.
1Opinion of the CourtJustice Scott
delivered- the opinion of the Court:
In February, 1872, plaintiffs had on hand a large amount of corn, which they were desirous of selling. They effected a sale in the Eastern market, at a certain price, upon the basis of a tariff of freights, to “Boston and Boston points,” at the rate of 80J cents per one hundred pounds, which the proof shows was then the regular rate or charge. By the terms of the contract with the shippers, the consignees were to pay the charges on the corn as a part of the contract price, the"rate being made known to them, and was as previously agreed upon with defendant,…
2Cited by10 opinions
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- Bayles v. Kansas Pac. R'y Co.Supreme Court of Colorado · 1889
- Braun v. S. F. Hess & Co.Illinois Supreme Court · 1900
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