Franck v. Railway Express Agency, Inc.

The defendant contends that the notice of claim filed with it by the O. H. Brown Service did not designate the plaintiff as the owner of the horses and, therefore, did not constitute a compliance with section 8 of the uniform ordinary livestock contract under which the shipment was handled.

The section read as follows:

“As conditions precedent to recovery claims must be made in writing to the originating or delivering-carrier within nine months after delivery of the property or, in case of failure to make delivery, then within nine months and fifteen days after date of shipment; and suits shall…