State Bank of De Pere v. Chicago & Northwestern Railway Co.

Plaintiff’s theory of its right to recover in this action may be stated as follows: the defendant having received the shipment, or being estopped to deny that it received the shipment, is liable as insurer to the owner for its failure to deliver the shipment in accordance with the terms of the bill of lading unless it proves that its failure is due to some cause of loss for which it is exempt from liability. The plaintiff having paid the full value of the shipment to the De Pere Paper Manufacturing Company and taken an assignment of its claim against the consignee, succeeded to all rights of…