Merrimack Manufacturing Co. v. Lowell Trucking Corp.

On this motion by plaintiff to strike out-the first and second defenses and part of the fourth in this negligence action, on the ground that they are sham and false in fact, a frontal attack is leveled against that commercial document called the ‘ ‘ Loan Receipt ’ ’. The facts are as follows: Plaintiff delivered to defendant, a common carrier for hire, merchandise to he delivered to the consignee. While in transit (for the purposes of this motion) the goods were destroyed by fire. Plaintiff having recourse to insurance coverage, received $8,034.78 from the company. As a receipt for the…