Chicago Great Western Ry. Co. v. Hopkins

NORDBYE, District Judge.

If the defense is sustainable, the question as to whether any undercharges are in fact due need not be decided. Briefly stated, the defense interposed is this: That the defendants are not liable for any undercharge which may be due because the bills of lading under which the shipments were carried provided by a signed stipulation that there should be no recourse against the consignors if delivery was made to the consignees without requiring payment of all freight charges.

The' shipments went forward under uniform bills of lading and delivery was accepted by the…