Legal Opinion
Marine Bank v. Taz's Trucking Inc.
Court of Appeals of Wisconsin
Decided July 7, 2004No. 03-2827PublishedCited by 1 opinion
1Opinion of the Court
ANDERSON, EJ.
¶ 1. Taz's Trucking Incorporated claims the undisputed evidence does not rebut the common-law presumption that a consignee of a shipment is liable for freight charges. We disagree with Taz's claim because we conclude that the evidence establishes a course of conduct evidencing the intent of Modern Building Materials Inc. (MBM) and Taz's that MBM would be exclusively liable for all freight charges. Therefore, we áffirm the circuit court's conclusion that Marine Bank and Robert K. Steuer are entitled to a permanent injunction barring Taz's from seeking payment of unpaid freight…
2Cases cited10 opinions
- Wirth v. EhlyWisconsin Supreme Court · 1980
- M & I First National Bank v. Episcopal Homes Management, Inc.Court of Appeals of Wisconsin · 1995
- Cappon v. O'DayWisconsin Supreme Court · 1917
- Streff v. Town of DelafieldCourt of Appeals of Wisconsin · 1994
- LTV Steel Co. v. David Graham Co. (In Re Chateaugay Corp.)United States Bankruptcy Court, S.D. New York · 1987
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3Cited by1 opinion
- Marine Bank v. Taz's Trucking Inc.Wisconsin Supreme Court · 2005