Edenton Cotton Mills v. Norfolk Southern Railroad
Supreme Court of North Carolina
ActioN tried before Devin, J., at Spring Term, 1919, of Chowan. The action, as it appears from the pleadings, was brought to recover certain alleged freight overcharges for goods shipped by the plaintiff over the lines of defendant and connecting carriers.
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ActioN tried before Devin, J., at Spring Term, 1919, of Chowan. The action, as it appears from the pleadings, was brought to recover certain alleged freight overcharges for goods shipped by the plaintiff over the lines of defendant and connecting carriers. It turns out that certain freight rates had been established with the sanction of the Interstate Commerce Commission, which afterwards were duly changed and increased in amount, but the parties to this action were not aware of the change at the time that the charges were made against the plaintiff. When the change of rates was discovered…
1Opinion of the CourtValuer, J.
If we concede that the evidence tends to show a contract as alleged and not a mere gratuitous offer to lend its aid and assistance in obtaining a refund of the difference between the two rates as paid by the plaintiff, and also that the contract if made, as alleged by the plaintiff, was founded upon a sufficient consideration, our opinion is that the plaintiff cannot recover as the contract is illegal, it being contrary to the provisions of the law against rebating or giving undue preferences, privileges or concessions, which is made a misdemeanor by the Interstate Commerce Act, both as to…
2Cases cited25 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Illinois Central Railroad v. Henderson Elevator Co.Supreme Court of the United States · 1913
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
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3Cited by4 opinions
- In Re Utilities Co.Supreme Court of North Carolina · 1919
- Union Transfer Co. v. RenstromNebraska Supreme Court · 1949
- Atlantic Coast Line Railroad v. West Paving Co.Supreme Court of North Carolina · 1947
- In re Increase of Street Car Fares of CharlotteSupreme Court of North Carolina · 1919