Farmers' & Merchants' Bank of Samson v. American Ry. Express Co.

The seventh section of the receipt given by defendant is as follows:

“Except where the loss, damage or injury complained of is due to delay or damages while being loaded or unloaded, or damaged in transit by carelessness or negligence, as conditions precedent to recovery claims must be made in writing to the originating or delivering carrier without four months after the delivery of the property or, in case of failure to make delivery, then without four months after a reasonable time for delivery has elapsed, and suits for loss, damage or delay shall be instituted only within two years and one…