Consolidated Freightways Corp. of Delaware v. Peacock Engineering Co.

Defendant, Peacock Engineering Company, appeals from the entry of summary judgment in favor of plaintiff, Consolidated Freightways Corporation of Delaware, and from the denial of defendant’s motion for summary judgment. Plaintiff cross-appeals from the denial of an award of prejudgment interest. We affirm.

The issue in this case is whether, where a common carrier delivers a shipment without a demand for payment together with a bill of lading marked "collect,” and the consignee accepts delivery, the consignee is liable for the freight charges.

Plaintiff alleged the following in its amended…