Louisville & N. R. Co. v. Camody
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition of M. O. Camody for certiorari to the Court of Appeals to review and revise the judgment of said court rendered in the case of Louisville & Nashville R. R. Company v. M. C. Oamody, 82 South. 648. It was an Alabama contract, and no demur-rage was chargeable except, through the fault of the consignee. Section 5614, Code 1907; 4 R. C. L. §§ 317-326.
1Opinion of the CourtSayre, J.
Plaintiff’s (petitioner’s) theory of this case, as stated by the Court of Appeals, was:
“That defendant (Louisville & Nashville Railroad Company, appellant in the Court of Appeals] extorted the payment of the amount claimed, as demurrage, as a condition precedent to the delivery of the two carloads of lumber to plaintiff’s consignee, George C. Brown & Co.; that the consignee paid the demurrage under protest, deducted the amount so paid from the price due plaintiff, and in consideration thereof assigned the claim to the plaintiff. Therefore, if the plaintiff was entitled to recover at all, he…
2Cases cited1 opinion
- Powell v. Robinson & LedyardSupreme Court of Alabama · 1884
3Cited by3 opinions
- Missouri-Kansas-Texas Railroad v. Standard Industries, Inc.Supreme Court of Kansas · 1964
- United States Fidelity & Guaranty Co. v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1933
- Union Pacific Railroad v. United StatesUnited States Court of Claims · 1974