United Pants Mfg. Co. v. American Ry. Express Co.

This is a suit for the recovery of $120 value of 12 men’s suits shipped by plaintiff to Wells & Co., at Rayville, La., through the defendant company, and not delivered.

The defendant admitted the receipt of the suits; it admitted that they were not delivered because the consignee refused to accept them; it alleged a tender of the same to the consignee.

There was judgment for plaintiff and defendant has appealed.

The evidence is that the plaintiff first ascertained about January 16, 1919, that the consignee had not accepted the shipment; the defendant did not notify the plaintiff of this until…