Moss Lumber Co. v. Michigan Cent. R. Co.

It will be noted that the agreed statement of facts does not speak of a bill of lading, but refers to appellant as the shipper. In the absence of an agreement to the contrary, it seems to be well settled that the shipper assumes the obligation to pay the freight charges whether the bill of lading so requires or not, and this obligation is ordinarily a primary one, and even though the bill of lading contains a provision imposing liability upon the consignee, “for the shipper is presumably the consignor. The transportation ordered by him is presumably on his own behalf; and a promise by him to…