M. W. Loveless, Dba Loveless Manufacturing Company, a Sole Proprietorship v. Universal Carloading & Distributing Company, Inc., a Corporation

Although the stipulation in Sec. 2(b) of the bill of lading does not specifically mention who shall file written notice of claim it is apparent such must be done by the claimant or “one acting in his behalf” ;1 and, to receive the writing in question as filed on the appellant’s behalf is absolute fiction. Understandably, the courts have been liberal in searching for “substantial compliance”. Nonetheless, the written notice, although permissibly informal in character, must be lodged by the holder of the claim. The instant written acknowledgment in no way pretended to be a filed claim. This…