First Nat. Bank v. Rogers, Brown & Co.

(after stating the facts as above). The Supreme Court, in Leigh Ellis & Co. v. Davis, 260 U. S. 682, 43 Sup. Ct. 243, 67 L. Ed. 460, has held that a stipulation in a bill of lading that actions for loss, damage, or delay shall be instituted only within two years and one day after delivery of the goods, or in case of failure to make delivery then within two years and one day after a reasonable time for delivery has elapsed,, is reasonable and valid. If this were an action prosecuted on the part of the receiver to recover, the provisions in the bill of lading would determine the issue,…